Bracton: Thorne Edition: English. Volume 3, Page 353

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Volume 3, Page 353

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[001] and when he has once recovered by the assise against one, if the other parceners
[002] afterwards disseise him of the same, an assise must not be taken on an assise, but he
[003] will recover without an assise, by the preceding assise, because all are, so to speak, a
[004] single person because of the unitary¹ right, though there are different heads.² If an
[005] assise were taken on an assise, and thus of the same thing and the same right and, so
[006] to speak, between the same persons, the second assise could speak contrary to the
[007] first, and thus the first would be frivolous or void. An assise may, however, be taken
[008] after an assise, and with respect to the same thing, but between different persons,
[009] because by reason of the different persons there will not be one action but several,
[010] as often happens in an assise of novel disseisin where several disseisins of the same
[011] thing are committed, when it has come to several hands through several disseisins,
[012] as where A. commits the first disseisin, and B. disseises A. and C. disseises B. and so
[013] on, where there will be several disseisins and several assises because of the different
[014] persons and the several deeds, though of the same thing. An assise may be taken on
[015] an assise between the same persons [and] with respect to the same deed, because of a
[016] difference as to the thing, as where one is disseised and recovers by the assise; if by
[017] reason of that seisin he occupies more than belongs to him and than he recovered by
[018] the assise, after an interval an assise may be taken, because it is another thing and
[019] therefore a different assise.³ If complaint is made at once, a certification lies by the
[020] assise and the jurors, in order to ascertain what and how much he who recovered
[021] put in his view, and how much they gave him. An assise may be taken after an assise
[022] between the same persons and as to the same thing because of a different deed, but
[023] only after a long interval, because after the first disseisin and [before] the last there
[024] may be a permutation of possession, and he who was the disseisor may by transfer
[025] be made the true possessor. An assise may be taken on an assise between the same
[026] persons and with respect to the same thing because of a different kind of disseisin,
[027] as where one is first completely ejected from possession and recovers by the assise,
[028] and afterwards, after an interval, is hindered by the same person so that he cannot
[029] use his property conveniently,⁴ as where⁵ the first disseisor attempts to use the tenement
[030] which the tenant recovered by the assise by putting in a plough against the
[031] tenant's will, or by putting beasts in to pasture, or by imposing some other servitude
[032] on a tenement which ought to be free. An assise may here be taken on an assise after
[033] an interval. In an assise of mortdancestor an assise must not be taken on an assise
[034] with respect to the same thing and between the same persons, though it may well be
[035] taken between different persons. For two heirs

Notes

1. ‘unicum’

2. Supra 170

3. Supra 336

4. Om: ‘capi poterit . . . disseisinae,’ redundant

5. ‘ut si’ for ‘Et eodem modo’