Bracton: Thorne Edition: English. Volume 3, Page 45

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Volume 3, Page 45

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[001] so is a successor under the name of the dignity, [that is], if the proper name of the
[002] predecessor is not mentioned in the writ, for the dignity always remains the same
[003] though the name of the incumbent may be different.¹ But if his predecessor's proper
[004] name has been put into the writ of novel disseisin, the successor will not be bound by
[005] that writ, [but by a writ of entry, as said above in the case of the heir,] unless they
[006] both chance to have the same name, which might well be sustained, as will be explained
[007] more fully below.² ³When one commits a disseisin in the name of another, as
[008] was said above, we must see whether the lords are present in the county, so that they
[009] may readily be approached, or are outside the realm. If they may readily be approached,
[010] they must be consulted in order to ascertain whether they are willing to amend the
[011] injuria or not. [If they avow] when the injuria is made known to them⁴ they will be
[012] principal disseisors, to be named in the writ first and principally, since they have
[013] avowed.⁵ If they disavow verbally (redress having been expressly demanded) and
[014] do not amend, but in fact do the contrary, advisedly and wittingly using rather than
[015] restoring, what is said above must still be said. This is true if it is before impetration.
[016] If it is after impetration that they are asked for redress, we must then see whether
[017] the lord is named [in the writ] with his people or not. If he is named and then avows,
[018] let what was said above be done, for he then makes the injuria his own and begins
[019] to be a first and principal disseisor by ratification, which relates back to the disseisin
[020] and the original act.⁶ If he is not named and then avows, he may well put himself in
[021] the assise of his own accord,⁷ but he ought not to be compelled to do so, and thus, if he is
[022] unwilling to answer without a writ another writ will be necessary. If he has not⁸ been
[023] asked for redress and is not named in the writ, the assise will proceed against his
[024] people nonetheless, in his absence. And if he [then] returns, after the assise has been
[025] taken, and avows the deed, [let him first be in mercy with his people,] he will have no
[026] remedy other than a suit to convict the jurors, if he so wishes.⁹ ¹⁰When he avows and
[027] dies before the taking of the assise, his successor will not be liable to the penalty, only
[028] to restitution, [by writ of entry,] nor will the others, those who committed the act.
[029] But if he is absent,¹¹ or being present disavows it completely, and dies at once, they,
[030] those who committed the disseisin, will always remain principal disseisors and the
[031] assise will proceed against them, until the creation of a successor. When the successor
[032] is created, before the taking of the assise he (or the heir) will be in the same case as the
[033] predecessor was; they may disavow or avow,¹² since they begin to possess by the
[034] act of their people. But we must see whether [they are bound] by the writ impetrated
[035] against the predecessor, because they are different persons. Hence we must
[036] see

Notes

1. Infra 83

2. Cf. infra 81, 83

3. New paragraph

4. Om: ‘Si autem non’

5. Infra 119

6. Infra 119

7. Infra 48, 119, 170

8. ‘non’

9. Infra 119

10. Om: ‘et in . . . omnibus’

11. ‘absens fuerit’ and singular throughout

12. Infra 120