Bracton: Thorne Edition: English. Volume 4, Page 313

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Volume 4, Page 313

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[001] minority for his own act and his own injuria, [in a criminal action as well as a civil,
[002] provided it is sued civilly,]¹ as where the minor commits a disseisin, he will answer to
[003] an assise of novel disseisin. He will also answer, despite his lack of age, to a woman
[004] claiming dower, because of the special privilege of dower. This rule fails, however,
[005] in one case, where the grandfather of the minor endowed his wife and she, after her
[006] husband's death, did not claim dower for a long time, ²<as is proved [in the roll] of
[007] Michaelmas term in the fifteenth and the beginning of the sixteenth years of king
[008] Henry in the county of Essex, [the case] of Felicia the widow of Luke Brokheved.³
[009] And to the same intent in the roll of Michaelmas term in the sixteenth and the beginning
[010] of the seventeenth years of king Henry in the county of Suffolk, [the case]
[011] of Juliana, widow of Alan de Giselham,>⁴ that is, ten, twenty or thirty years, in the
[012] lifetime of her husband's heir, and he having died before the assignment of dower,
[013] leaving an heir within age, she then claims;⁵ the heir will not answer her before his
[014] full age, that is, the exception of minority will bar her until his full age, because since
[015] she was so long silent, it could be presumed that there was an agreement not to sue
[016] between her and the heir's ancestor, or that she remitted [and] and like. One who is
[017] within age will sometimes answer if the matter touches the king, because⁶ an enquiry
[018] can be made before full age, saving the right of the minor and that of any other, as to
[019] whether the ancestor of the heir who held the thing died seised thereof as of fee or not,
[020] as in the case of William Longsword earl of Salisbury and Ela his wife, who was under
[021] age, where an inquest as to the castle of Sarum was made before Simon of Pateshull
[022] and his companions, whether that castle together with the county belonged to king
[023] John or to the aforesaid William by reason of Ela his wife, where king Henry afterwards
[024] retained by the aforesaid inquest.⁷ A minor will also answer to a fine made,
[025] despite his age, if he is impleaded. If another is impleaded and the minor is vouched
[026] to warranty by reason of a fine made, he will answer in the plea of warranty, because
[027] of the fine, but when he has warranted he will not answer the demandant in the principal
[028] plea before his full age.⁸ He will also answer under age

Notes

1. Infra 363

2. Supra i, 420

3. Not in B.N.B.; no roll extant; cf. C.R.R., xiv, no. 1101 (Hil. 13)

4. B.N.B., no. 884; C.R.R., xiv, no. 2360 (sidelined)

5. ‘petat’; om: ‘poterit . . . dotis’

6. ‘quia’

7. B.N.B., no. 1235 (coram rege,, 1237-38); that the inquest in John's reign was taken by Simon of Patteshull does not appear on the roll or in B.N.B.

8. Supra 224