Harvard Law School Library
Bracton Online -- English
Previous   Volume 4, Page 315  Next    

Go to Volume:      Page:    



[001] warranty in the county court, lest the tenant be forced to answer the demandant in
 [002] the principal plea, or lest he proceed in the principal plea before the full age [of the
 [003] warrantor], let this writ be sent him.

Writ that a minor not answer within age with respect to his free tenement until he is of such age etc.


 [005] ‘The king to the sheriff, greeting. We order you not to permit A. to implead B. of so
 [006] much land with the appurtenances in such a vill, as to which the same B.1 vouches C.
 [007] to warranty, who is within age and ought to be his warrantor as he says, until the
 [008] same C. is of such an age that he may and ought to warrant according to the law
 [009] and custom of England.’ This writ lies if the minor is called to warrant in the county
 [010] court. Since a minor is not bound to answer for anything of which his ancestor died
 [011] seised as of fee, it appears conversely that he ought to answer for everything of which
 [012] his ancestor did not die seised as of fee, an inquest having first been taken,2 whether
 [013] corporeal things are claimed or rights, [for] one may be seised of a corporeal thing3
 [014] or of a right, belonging to the thing or to the person. Hence if the action is for a corporeal
 [015] thing, [let the enquiry be if]4 he was seised the year and day on which he was
 [016] alive and dead.5 If it is a right,6 he will be in seisin on the year and day he dies though
 [017] he does not use on the year and day he dies, provided he is not deprived by disuse,
 [018] that is, does not lose by nonuse, as in the case of servitudes, pasture for cattle and
 [019] other similar things.7

If there are several co-heirs some of whom are below age and some not, no one is bound to answer before the full age [of all].8


 [021] If there are several having one right, who are, so to speak, a single body, though
 [022] several are of full age and one or two below, those who are of full age will have a
 [023] dilatory exception arising from the person of the others until all are of full age; thus
 [024] an exception will arise9 from the persons of others which they will not have by reason
 [025] of their own persons. What is said of a tenant may be said of a demandant, that if a
 [026] tenant is not bound to answer without his parceners who are under age, conversely a
 [027] demandant10 need not be answered by a tenant without his co-parceners, as will be
 [028] explained more fully below [in the portion] on parceners.11

An exception also arises by reason of conjunction, with respect to a parcener or a wife.


 [030] One may also have an exception by reason of conjunction which he may not

Notes

1. ‘B’

2. Supra 314

3. Om: ‘in qua ius habet’

4. ‘inquiratur si’

5. Om: ‘locum habet quod dicitur’

6. ‘Si autem de iure’

7. Infra 319

8. ‘nullus . . . plenam,’ from line following

9. ‘consequetur’

10. ‘petens a tenente’

11. Infra 330

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