Harvard Law School Library

Bracton Online -- English

Previous   Volume 3, Page 301  Next    

Go to Volume:      Page:    

[001] the county of Buckingham, an assise of mortdancestor [beginning] ‘if Richard
[002] Avenel.’1 And so if an essoin has been cast, as [in the roll] of the eyre of Martin of
[003] Pateshull in the county of Kent in the twelfth year, an assise of mortdancestor
[004] [beginning] ‘if Manasser of Hastings.’2 The assise also falls if the tenant holds at the
[005] bailment3 of the lord king, or if he has the king's charter by which the king is bound
[006] to warranty and escambium,4 unless the demandant can show that his ancestor
[007] died seised after the making of that charter.

If land is claimed by one of full age against a minor within age by the assise of mortdancestor.

[009] An exception is also given the tenant because of his minority, whether there are several
[010] tenants or one. Sometimes an adult claims by mortdancestor against a minor,
[011] sometimes a minor against an adult, and sometimes a minor against a minor. And
[012] just as ages and persons are distinguished, so we must distinguish tenements, that
[013] is, whether the tenement claimed by the assise is held in socage or burgage or by
[014] military service. And whether it is the tenant or the demandant who is within age.
[015] We must see the tenements for which a tenant will answer before his full age and
[016] those for which he will not, and to which writs and to which not.

If a minor claims against a minor.

[018] If a minor claims by assise of mortdancestor against a minor who is not very near his
[019] majority, the minor summoned may not essoin himself against the minor, no
[020] more than against one of full age, if it is evident that he is a minor.5 If it is not, an
[021] essoin may sometimes be allowed, through ignorance, so to speak, if there is no one
[022] who alleges minority. 6<But against a minor claiming in a possessory action an
[023] essoin will never be allowed, whether cast by one of full age or a minor.>7 8<But since
[024] before his full age of twenty-one he may claim9 burgage and socage against one of
[025] full age, quaere whether he may do so against a minor under the age of twenty-one, in
[026] a proprietary action or a possessory. He cannot, as is evident, with respect to anything
[027] of which his ancestor died seised as of fee;10 it is otherwise if he held for a term
[028] of life or years, in wardship, in gage, by fine or agreement or the like.>11 But when he
[029] appears, if it is clear that he is a minor, he will not answer as to any tenement, in
[030] any action, possessory or proprietary, before he reaches full age, whether the tenement
[031] is socage, burgage or a military fee, though there are different ages for claiming
[032] the seisin of ancestors12 [by] a minor


1. Not in B.N.B.

2. Not in B.N.B.

3. Plucknett, The Medieval Bailiff, 17

4. Supra 292, infra iv, 197

5. Infra iv, 81

6. Supra i, 405

7. Infra iv, 80, 81

8. Supra i, 405

9. ‘petere’

10. Infra 302, 304

11. Infra 303

12. ‘per minorem’

Contact: specialc@law.harvard.edu
Page last reviewed April 2003.
© 2003 The President and Fellows of Harvard College