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[001] and judgment will be given in the secular forum in accordance with that inquest, as
[002] happened [in the case] of William Burdun of Desborough, who married a wife after
[003] she had become a nun.1 There is also civil death in the case of a villein established in
[004] servitude under the potestas of a lord. Indeed such servitude is comparable with
[005] death, because life and death were once in the hands of his lord, though now, because
[006] of the cruelty2 of lords, they are in the hand of the lord king.3 But when such men
[007] escape from the potestas of their lords, being as it were restored to life, they may
[008] breath a little, as may be drawn [from what is said above], of the exception of servitude.4

Of exceptions arising from the person of the demandant which are dilatory, as minority.


[010] We have spoken immediately above of the tenant's peremptory and perpetual exceptions
[011] arising from the person of the demandant. Now we must turn to his dilatory
[012] and temporary exceptions arising from the same source, first of all to that raised
[013] against a demandant who cannot sue [or be sued]5 before some future time because
[014] he is a minor and within age, especially in a proprietary action. If that objection is
[015] raised [and] it is established that he is a minor, the action is postponed until he has
[016] attained his majority; the writ does not fall, but let the plea be resummoned when
[017] he comes of full age, unless it is one to which he is bound to answer under age. Since
[018] there are different full ages, judged in different ways, according to the different kinds
[019] of actions, persons and tenements, let us see how these ages differ among themselves.
[020] [But this matter, the difference between ages, is dealt with above in the tractate
[021] on the wardship of minors, who ought to be in the wardship and care of their lords
[022] and for how long.]6 But since a minor may sometimes sue while within age against
[023] one of full age, and sometimes when he is in seisin is bound to answer while within
[024] age, in some matters to a minor as well as to one of full age, in others neither to one of
[025] full age nor to a minor,7 we must first see in what cases he may sue and claim while
[026] within age, and what he may claim and by what action. It is clear that, no matter
[027] what his age, if he has been disseised he may claim his own seisin by an assise of novel
[028] disseisin, no matter when or how he has been disseised. He may also claim the seisin
[029] of any of his ancestors



Notes

1. Not in B.N.B.

2. ‘saevitiam,’ as supra ii, 34

3. Supra ii, 34, 282, 298, 346

4. Supra iii, 83 ff.

5. ‘nec etiam conveniri,’ from line 17

6. Supra ii, 251

7. Om: ‘ante plenam aetatem’


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