Harvard Law School Library

Bracton Online -- English

Previous   Volume 3, Page 47  Next    

Go to Volume:      Page:    

[001] when the debt is testamentary or matrimonial. In the same way it would seem that
[002] cognisance of pledge of faith ought to be drawn to the secular forum, but that may
[003] not be, since the secular judge cannot enjoin penance for faith broken, lest he lay
[004] his sickle to another's harvest. That the greater draws to itself the lesser may also
[005] be observed in other matters, as where one has been impleaded by someone in the
[006] court of the lord king for a trespass, and appealed by the same person of the same
[007] deed in the county court or before the justices of the bench; the appeal ought not to
[008] be drawn to the court [because of] cognisance over the trespass, but conversely, the
[009] plea on the trespass remitted to the county court or the bench, because the important
[010] draws to itself the less important, not conversely. Let this suffice1 for the present by
[011] way of example.

When the plaint ought to be made.

[013] We have explained above to whom the plaint ought to be made. Now we must
[014] explain when. It is clear that it ought to be made at once and without delay, since
[015] impetration ought to be diligent and prosecution equally so, as was said above,2 since
[016] the law does not aid the indolent and those disdainful of their right,3 and laws assist
[017] the vigilant,4 and lest before impetration or [after impetration and] negligent prosecution
[018] the thing seized be transferred to another, [for] prosecution is made more
[019] difficult [and if it is diligent, by that the action is perpetuated and lies for heirs and
[020] against heirs by writ of entry, with the clause or without it,5 to the extent of punishment
[021] or restitution, as will be explained below.]6 according as the thing has been
[022] transferred to the other before impetration or after, as may be seen below.

If after the disseisin the thing is transferred to another by the disseisor, to one or several, which may be done in many ways.7

[024] If after a disseisin committed, by one or several, the thing is transferred to another,
[025] [to one or to several: to several together or successively from person to person,] with
[026] the disseisor's consent or without it by disseisin, immediately after the disseisin, before
[027] the disseisee could aid himself by writ, or after a long interval, before8 he has done
[028] so, through his own negligence, though he could easily have aided himself had he so
[029] wished, all to whom the thing has been transferred before impetration must be named
[030] in the writ with the first and principal disseisors, as was said above, either because
[031] of the penalty or because of restitution, otherwise the disseisee will not recover. The
[032] principal disseisors, because of the act and the injuria,


1. ‘sufficiat’; infra iv, 279

2. Supra 41, 44

3. C. ‘desides homines et sui iuris contemptores’; supra ii, 288, infra, 49, 141

4. D. 42.8.24: ‘ius civile vigilantibus scriptum est’; infra 141, 157, 174

5. Infra 114

6. Infra 157-9, 174

7. ‘quod . . . modis,’ from line 24

8. ‘antequam’

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