Bracton: Thorne Edition: English. Volume 2, Page 365

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Bracton Online -- English

Volume 2, Page 365

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[001] the death of such a one, which he held of such a one, has been¹ in our hand for a
[002] year and a day, we order you to cause the latter to have full seisin of the aforesaid
[003] land with the appurtenances without delay. Witness etc.’ There is another writ on
[004] the same matter:

Another writ on the same matter for the restoration of land.

[006] ‘The king to the sheriff, greeting. We order you, if the land which belonged to A.
[007] who was outlawed from our realm (or² ‘was convicted of theft’) has been in our hand
[008] for a year and a day, as it ought to be according to the custom of our realm, to
[009] cause B. the chief lord to have seisin of the aforesaid land in your bailiwick which
[010] belonged to the same A. and which he held of the aforesaid B. and which was taken
[011] into our hand for the aforesaid reason. Witness etc.’ There is also another writ on
[012] the same matter:

Where land given in maritagium with a daughter from her mother's inheritance has been in the king's hand for a year and a day by reason of a felony committed by that daughter's husband [for which] ³he has been outlawed in the county court;⁴ the writ for restoration.

[014] ‘The king to the sheriff, greeting. A. has shown us that, whereas B., her husband,
[015] who has died and she, A., gave C. so much land with the appurtenances in such a
[016] vill in maritagium with D., her daughter, from the inheritance of the same A., the
[017] aforesaid C., accused of the death of E., fled because of that death and refused to
[018] stand trial and accept the judgment of such a county court, because of which the
[019] aforesaid land with the appurtenances came into our hand and has been⁵ in our
[020] hand for a year and a day and more, as is said, Therefore we order you in accordance
[021] with the law and custom of our realm of England to cause A., of whose fee the
[022] aforesaid land is part, as she says, and to whom it ought to revert according to the
[023] assise of our realm,⁶ to have full seisin of it without delay. Lest further etc. Witness
[024] etc.’ It occasionally happens that he to whom the king granted his term alienates
[025] the land within the year and day, or having it in his hand does not restore it to the
[026] chief lord. Let a writ then issue to the sheriff in this form:

A writ where the king has alienated within his term or his bailiffs [have done so].

[028] ‘The king to the sheriff, greeting. Order A. that rightfully etc. he render to B. so
[029] much land with the appurtenances in such a vill in which A. has no entry save
[030] through us who committed that land to him for a year and a day after it had come
[031] into our hand, and which such a one, who was outlawed (or ‘hanged’) for the death
[032] of such a one, held of C., the father (or ‘grandfather’ or other ancestor)

Notes

1. ‘extiterit’

2. ‘vel’

3-4. ‘in comitatu fuerit utlagatus,’ from line 12

5. ‘extiterit’

6. Magna Carta (1215) ca. 32; (1225) ca. 22

Another writ on the same matter for the restoration of land.

Where land given in maritagium with a daughter from her mother's inheritance has been in the king's hand for a year and a day by reason of a felony committed by that daughter's husband [for which] 3he has been outlawed in the county court;4 the writ for restoration.

A writ where the king has alienated within his term or his bailiffs [have done so].

Notes

Where land given in maritagium with a daughter from her mother's inheritance has been in the king's hand for a year and a day by reason of a felony committed by that daughter's husband [for which] ³he has been outlawed in the county court;⁴ the writ for restoration.