Bracton: Thorne Edition: English. Volume 3, Page 119

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Volume 3, Page 119

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[001] begin to be either principal disseisors or detainers, not by themselves but with the
[002] others, the first and principal disseisors. [Some] are first and principal disseisors with
[003] respect to the first and principal disseisor and to the first disseisee, when they disseise
[004] the first and principal disseisor immediately after the first disseisin, for they are liable
[005] with respect to disseisin both to the first disseisee, because of the immediacy of the
[006] disseisin, and to the first and principal disseisor because of the advantage of possession.
[007] But if he disseises him after an interval, he is only liable to the first disseisee to
[008] the extent of restitution, not the penalty, but to the second disseisee and disseisor¹
[009] for both. It is important whether the transfer is made before impetration of the writ
[010] or after.² The first and principal disseisor may be a single person by himself and the
[011] secondaries several as well as one, as where the thing is transferred to several after the
[012] first disseisin, with the consent of the first disseisor or against his will. Similarly,
[013] several may be first and principal disseisors with regard to the injuria, and principal
[014] disseisors with respect to the thing, after partition.³ There may be disseisors, though
[015] not principals, neither first nor secondary, as those who are of aid and counsel,⁴ to
[016] whom no part of the thing seised has come. One commits a disseisin not in his own
[017] name, as was said above, but in the name of another, as where a procurator, villein or
[018] a household commits a disseisin in the name of their lords. They will always be first
[019] and principal disseisors until their lords avow their act and disseisin or disavow it. If
[020] they avow it, they [the lords] then begin to be first and principal disseisors: principal,
[021] because of seisin of the thing seized, and first because they ratify the act of their
[022] people,⁵ for ratification relates back to their original act;⁶ thus they begin to be first
[023] and principal disseisors and their people cease to be principals.⁷ If they disavow their
[024] act, but when asked, no matter how, personally or in some other way, do not amend
[025] it, they are still liable, provided, being present, they willingly put themselves on the
[026] assise, though not named in the writ. If they amend the act of their people, before
[027] impetration or after, provided it is before the taking of the assise, they will free themselves
[028] and their people from the penalty for disseisin.⁸ If the lords are in distant parts
[029] so that they cannot be asked for redress and are ignorant of the disseisin, the assise
[030] will not remain on that account, because of the odium which attaches to disseisors,
[031] and the disseisors will remain first and principal disseisors, so that if the assise finds
[032] for them, let the lords remain in seisin

Notes

1. ‘disseisitori’

2. Supra 41

3. Supra 43

4. Supra 41, 42

5. Supra 41, 42, 45

6. Supra ii, 177, iii, 45, 83

7. Supra 42, 45, 83

8. Supra 45, infra 170