Bracton: Thorne Edition: English. Volume 2, Page 444

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Bracton Online -- English

Volume 2, Page 444

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[001] his tenant, owed him and wrongfully detained, and he may vouch his court to
[002] warranty therein if he wishes, and let him clearly deny that he ever detained the
[003] beasts against gage and pledges. To this the plaintiff may answer that he seized
[004] and detained them wrongfully because, when he was summoned to the seizor's
[005] court to answer to him for the services and customs, he replied that he owed him
[006] no such service and prayed judgment whether he ought to answer him without
[007] the writ and order of the lord king, since this touched his free tenement.¹ His said
[008] lord seized his beasts nevertheless and distrained him for the service which he did
[009] not admit, and when he asked that the beasts be released peaceably he refused to release
[010] them, in proof of which let him produce a sufficient suit, that is, reputable men
[011] who were present² in [the lord's] court. If on careful examination they are found
[012] in agreement, let the court be summoned. [If] when it comes [its record] is in
[013] agreement with the suit, we must then ascertain whether the seizor made the
[014] distraint by judgment of [his] court or of his own will. If by judgment of the court
[015] it will then be amerced for false judgment and the beasts remain released. If of his
[016] own will and his court fails to warrant him, the lord will then be amerced and the
[017] beasts remain released. But what if the court records that the plaintiff acknowledged
[018] the service sought and the court avows its judgment, that the taking was lawful
[019] because of the acknowledgement? The plaintiff may deny that record and the
[020] acknowledgement against the record of the court. Suppose that there had been no
[021] plea in the lord's court but the plaint of unlawful seizure has come directly to the
[022] county court and the lord there says that he seized the beasts lawfully and for his
[023] service, as above. The plaintiff then either denies that service completely, that he
[024] has never done it, or acknowledges that he once did it but did so wrongfully,
[025] because he has a charter which acquits him of it. If he denies it completely, then,
[026] since the county court has no authority to take further cognisance and cannot
[027] decide whether the service is due or not,³ let the beasts remain released, [and the
[028] lord sue by [the writ]⁴ ‘that the tenant render him the services and customs which
[029] he is wont to render him,’ if he has recently been in seisin, because of his recent
[030] seisin, in which case he will recover his damages in full because he sues on the
[031] possession only, [or] if the seisin is distant and ancient let the writ then say ‘which
[032] the tenant is wont to and ought to do,’ that both rights, possession and property,
[033] may be brought before the court by a writ of right, where he will recover no
[034] damages.] If he acknowledges that he once did it but did so wrongfully, then
[035] because he acknowledges the lord's seisin, rightful or wrongful, let the beasts be
[036] returned

Notes

1. Supra 441

2. ‘fuerunt’

3. Supra 318, 441

4. Supra 241, 243, 441