Bracton: Thorne Edition: English. Volume 3, Page 48

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Volume 3, Page 48

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[001] and similarly those to whom the thing is transferred,¹ if they obtain possession of the
[002] thing immediately after the disseisin, are held to restitution and to the penalty. It
[003] is otherwise after a long interval, because they are not disseisors, because the lapse
[004] of time excuses them, because of the disseisee's negligence, by which he lost both
[005] possessions, or because, despite his diligent impetration, of his negligent prosecution,
[006] by which the thing ceased to be litigious. [Nevertheless, whether] the thing is transferred
[007] at once and without interval, [or after a long interval] with the consent of the
[008] disseisor or without it by disseisin, all are bound and fall into the assise, [for] no one
[009] may be disseised without judgment unless that is done at once. ²And that both he,
[010] though he committed no disseisin, and the principal, who is in truth a disseisor, ought
[011] to be named in the writ, and that neither may be sued without the other is true for
[012] this very strong reason, because the principal disseisor, though he has committed a
[013] disseisin, cannot restore, nor can he to whom it was transferred, though he has
[014] committed no disseisin and may restore, be ejected without judgment and writ,
[015] unless he freely puts himself on the assise of his own accord, as above, when not
[016] named in the writ.³ ⁴But this distinction is made between them, that he who enters
[017] into possession long before impetration, if it is established by the jury or by the
[018] admission of his feoffor that he has been so enfeoffed, will recover his escambium
[019] without any other writ and without plea when the true lord recovers his tenement by
[020] the assise, since such admission or acknowledgment is, so the speak, incidental to the
[021] assise,⁵ ⁶<[that is] if he [his feoffor] is present; if absent, then let his recovery of
[022] escambium be saved the tenant until he returns, if he has the wherewithal whence
[023] escambium may be made.> But if they enter into seisin immediately, whether before
[024] impetration or after, named in the writ or not, with the consent of the first disseisor
[025] or without it, the remedy of escambium is not available to them, though they are
[026] ejected without judgment and⁷ without writ, since they entered immediately after
[027] the disseisin into a tainted thing;⁸ if after a time and named in the writ, escambium
[028] follows by the assise or by the judge acting ex officio.⁹ ¹⁰<They are not aided, as in
[029] the other case above, because of the odium connected with disseisin, but let them
[030] aid themselves while in seisin by a writ of warrantia cartae,¹¹ for the gift is valid as
[031] between the disseisor and his feoffee though invalid as against the disseisee.> If the
[032] thing is transferred to another after diligent impetration and diligent prosecution,
[033] at once or after an interval, there is no need to impetrate against those to whom the
[034] thing is transferred, since once it has been impetrated and the thing made litigious
[035] in the way described,

Notes

1. Om: ‘de voluntate disseisitoris’

2-3. ‘Et quod . . . nominetur,’ from lines 18-25

4-5. ‘habita tamen . . . in assisa,’ from lines 10-16

6. Supra i, 393

7. ‘et’

8. ‘ex quo . . . vitiosam’; om: ‘ante . . . disseisinam’

9. ‘si (for ‘sive’) post tempus . . . per assisam vel per . . . consequatur’

10. Supra i, 393

11. Supra 23, 41, infra 58