Bracton: Thorne Edition: English. Volume 4, Page 30

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Volume 4, Page 30

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[001] which he has no entry except through such an abbot, his predecessor,’ whether the
[002] writ falls if there are several intervening abbots. It is evident that it does not, no
[003] more than¹ degrees are counted from abbot to abbot as from heir to heir in the computation
[004] of the descent, because though the person is changed, the dignity is not
[005] thereby altered but always remains.²

Writ if an heir claims that his ancestor demised for a term.

[007] We have spoken above of the case where he who demised claims. Now we turn to the
[008] case where the heir claims that the ancestor demised for a term. The form of the writ is
[009] this: ‘The king to the sheriff, greeting. Order such a one to render rightfully and without
[010] delay to such a one so much land with the appurtenances in such a vill which he
[011] claims is his right and inheritance, and in which the aforesaid tenant has no entry
[012] except through such a one, to whom the demandant's father (or ‘mother,’ ‘brother,’
[013] ‘sister,’ ‘grandfather,’ ‘grandmother,’ ‘uncle,’ ‘aunt,’ ‘cousin,’ or ‘predecessor’),
[014] whose heir he is, demised it for a term that has passed, as he says. And if he does not
[015] do so, and if the demandant has made you secure with respect to prosecuting his
[016] claim, then summon the aforesaid by good summoners to be before our justices at
[017] their first session when they come into those parts, to show why he has not done so.
[018] And have there the summoners and this writ. Witness etc.’

If a husband whom she could not gainsay in his lifetime makes a gift of his wife's inheritance.

[020] If one makes a gift of his wife's inheritance which she could not gainsay in his lifetime,
[021] after his death she is aided by this writ: ‘The king to the sheriff, greeting. Order such
[022] a one rightfully and without delay to render to such a one, who was the wife of such a
[023] one, so much land with the appurtenances in such a vill which she claims is her right
[024] and inheritance (or ‘her maritagium’) and into which the aforesaid has no entry except
[025] through the aforesaid, her former husband, who demised it to him, whom she
[026] could not gainsay in his lifetime, as she says. If he does not do so, and if she has made
[027] you secure etc. (as above).’ To that entry the tenant may reply in many ways, as explained
[028] above. He may also deny his entry through the husband and say that he
[029] entered through the wife, before she was married to her husband, or after the death of
[030] the husband, and prove it by instruments and witnesses together with the country, or
[031] put himself wholly on a jury, and the inquest may be phrased in those words.³ He may
[032] admit that he had his entry through

Notes

1. Et videtur . . . magis quam; from lines 3-4

2. Supra iii, 45, 83

3. Infra 39