Bracton: Thorne Edition: English. Volume 3, Page 410

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Volume 3, Page 410

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[001] he has neither proprietary nor possessory right, [he has] nothing except bare dominium
[002] with possession. If he commits waste, he commits it in the property of another,
[003] so to speak. For that reason, if he is convicted of waste, he loses the wardship,
[004] restores damages and gives an amercement to the king,¹ which is not true of a woman
[005] if she wastes her dower, for she does not lose the dower, but will be given a guardian
[006] or curator, to prevent her from misusing it, and must refund damages. ‘More completely
[007] another's,’ as where one who has neither of these, commits waste in another's
[008] property without the license and consent of those whose property it is. Such waste,
[009] since it is wrongful, since it is robbery, so to speak, is converted into novel disseisin
[010] or trespass, according as the usurper does or does not allege that the tenement is his.²
[011] With respect to the words ‘waste’ and ‘exile,’ it is clear that they are not to be
[012] given the same meaning. But ‘waste’ and ‘destruction’ are almost the same, because
[013] they apply interchangeably [‘waste’ is the same as ‘destruction,’ and conversely,]
[014] to all destruction generally. It is generally said to be ‘exile’ when something
[015] is done to disfigure or mar the court and chief messuage, as where one casts down
[016] houses and sells them; that will be to its great disfigurement, though the dwellers do
[017] [not] have a derelict mansio. And so if he fells or uproots³ shade trees and fruit trees
[018] growing in the court or around the houses; that will be to its very great disfigurement.

If a guardian commits waste in another's property, as in land he holds in the name of wardship.

[020] When a guardian commits waste in his wardship, in the property of another, so to
[021] speak, let the sheriff be ordered to forbid him to commit waste or exile etc. by this
[022] writ: ‘The king to the sheriff, greeting. We order you to forbid such a one to commit
[023] waste, sale, or exile of the lands etc. (as above) which he has in wardship of the
[024] inheritance of such a one in such a vill, to the disherison etc.’ And let the attachment
[025] be made as above, [or thus: ‘If such a one has made you secure etc. put A.
[026] by gage etc. to appear on such a day to answer B. who was the wife of C., mother
[027] of D., the daughter and heir of the same C., as to why he committed waste etc. (as
[028] above).’] in a personal action. And note that it ought to be adjudged waste if a woman
[029] in her dower, or a guardian in his wardship, sells or aliens lands, rents, villeins or
[030] other heritable things, or if he manumits villeins or tallages them beyond reason by
[031] which they are destroyed. [Or] if he casts down houses and builds thereof elsewhere,
[032] or if he burns them (unless it is by accident) [or] if he uproots a wood or garden, in
[033] whole or in part. [Or if] anything there is taken,

Notes

1. Supra ii, 252, iii, 328, infra 411

2. Supra 152, 153

3. ‘prostraverit vel extirpaverit’