Bracton: Thorne Edition: English. Volume 2, Page 213

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Volume 2, Page 213

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[001] heirs of C. (the wardship of whom the same B. has by virtue of a fine he made with
[002] us) the wardship of half of all the lands and tenements with the appurtenances that
[003] belonged to D. in your bailiwick, ¹the rightful portion of the aforesaid daughters
[004] which falls to them from the inheritance of the said C., A., who has the other half of
[005] the lands that belonged to the said D., being their parcener with respect to that
[006] inheritance. And since it was agreed in our court before etc. between the aforesaid
[007] A. and B. that all the lands that belonged to the same D., with all their appurtenances,
[008] be extended and valued and then divided between them, saving to the
[009] said A. his seniority, and that, when those lands were extended and valued, the
[010] said A. have his portion separately, distinct from that which the same B. has with
[011] him, provided that all the lands and their appurtenances which the aforesaid A.
[012] earlier gave [to others] from the lands that belonged² to the said D. be taken into
[013] account in computing A's portion, according to the value of those alienated lands,
[014] and also that when B's half of the aforesaid lands has been assigned to the same B,
[015] he cause the same A, to have, out of the half he recovers to the use of the aforesaid
[016] daughters, one hundred solidates of land³ in a suitable place. ⁴Therefore we order
[017] you, having joined with yourself discreet etc. by whom you may best make that
[018] extent, valuation and partition, to go in person to such a place on such a day, and
[019] by their oath cause those lands with their appurtenances to be extended and valued
[020] in every particular, and cause each of the said A. and B. to have and be assigned
[021] his portion, saving to the same A. his seniority, as aforesaid, and saving to the
[022] same [A] one hundred solidates of land from the half of the same B. at the same
[023] valuation at which the said B. recovered it. We also order you to satisfy each of
[024] them, to the extent of the portion he has by the aforesaid partition, out of the
[025] issues of the half of the same land which you took into our hand by our precept, the
[026] issues which have come⁵ from it while it was in our hand. And whether the said A.
[027] and B. come or not, let the extending, valuing and dividing of those lands in the
[028] manner aforesaid be in no way postponed because of the absence of either of them.

Notes

1. ‘rationabilem portionem praedictarum filiarum’

2. ‘fuerunt,’ all MSS.

3. As supra 212, n. 8

4. C.R.R., xii, 360 (continuing 212, n. 8): ‘preceptum est vicecomiti Cumb’ quod assumptis secum militibus et aliis etc., per quos etc., in propria persona accedat apud Kokermue die dominica proxima post instantem mediam quadragesimam et per eorum sacramentum . . .’

5. ‘provenerunt,’ as roll