Bracton: Thorne Edition: English. Volume 3, Page 34

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Volume 3, Page 34

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[001] [in the portion] on exceptions [against the assise].¹ It does not lie for one who holds
[002] in² villein socage in the demesne of the lord king,³ ⁴<not for pure villeins [there]; it
[003] sometimes lies for those who are adventitious and have their agreement [and hold]
[004] by certain, though villein services, like those [of those] who hold of the demesne of
[005] the king in villein socage,>⁵ unless it is in a free borough located within such manor.⁶
[006] ⁷Nor for one ejected from his ship, as though from his free tenement, any more than if
[007] he were dragged from his horse or vehicle,⁸ chariot, cart or carriage. ⁹But what shall
[008] be said of one ejected from wooden houses? The assise lies for him [who erected them]
[009] if they are on his own property,¹⁰ whether they are attached to the soil or not. If they
[010] are constructed on another's property, [and] there has been either a prohibition that
[011] they not be removed or a formal protestation that they not be erected, the assise lies
[012] for him on whose land they are erected, not for him who erected them, because after a
[013] denunciation or prohibition they are made litigious and removal is unlawful. But if
[014] there was no denunciation or prohibition, and thus they have been removed lawfully,
[015] so to speak, without dispute, no remedy by the assise lies for the owner of the soil.
[016] The assise only lies for one who possesses, nor may anyone be ejected from possession
[017] except one who possesses¹¹ in his own name.¹² One who possesses, I say, by himself
[018] or by another, naturally and civilly¹³ or in either way. It does not lie for one ejected
[019] without judgment who holds by the law of England and by reason of his children,
[020] after they are proved to be bastards,¹⁴ and though he wishes to prove them legitimate
[021] in court christian he will not be heard. Should he attempt to do so de facto, a prohibition
[022] would lie for the true heir. ¹⁵<And so if it is proved¹⁶ that they cannot be
[023] heirs, near or remote, as where land has been given to certain heirs, others being completely
[024] excluded, as where it has been given in maritagium with a woman to a man
[025] and the heirs of both, as those issuing from their bodies.> It does not¹⁷ lie for a donee
[026] who never had¹⁸ seisin by himself, though with his donor,¹⁹ if he is ejected by the true
[027] heir, provided that is done immediately after the death of the donor, before he has
[028] such time [in possession] that he cannot be ejected without judgment; [But if he is
[029] ejected by a stranger who has no interest, he will recover no matter when ejected,
[030] because of the advantage of a possessor.] after such time the true heir can recover
[031] by the assise of mortdancestor. Nor does it lie for a husband without his wife for the
[032] recovery of his wife's inheritance, when both have been disseised together, nor even
[033] for the wife by herself (disseised while a feme sole and subsequently married) though
[034] she impetrates before marriage, because that writ falls.²⁰ Sometimes it does not lie
[035] before a certain time, as where one has been

Notes

1. Infra 77

2. ‘in’

3. Supra ii, 37, 90; infra 35

4. Supra i, 392

5. Supra ii, 38, 90; infra 39, 132

6. Supra 28, infra, 104, 132

7-8. D. 43.16.1.7: ‘Si quis de nave vi deiectus est hoc interdicto locus non est argumento eius qui de vehiculo detractus est . . .’

9-10. D. 43.16.1.8

11. D. 43.16.1.23: ‘Interdictum autem hoc nulli competit nisi ei qui tunc cum deiceretur possidebat, nec alius deici visus est quam qui possidet.’

12. D. 41.2.18.pr.; supra 33, infra 124

13. D. 43.16.1.9: ‘Deicitur is qui possidet sive civiliter sive naturaliter possideat’

14. Infra 38, 125, 151, iv, 259

15. Supra i, 392; B.N.B., no. 487; infra iv, 362

16. ‘convictus fuerit’

17. ‘non’

18. ‘habuit’

19. Om: ‘quia’

20. Infra 114