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[001] for recovering the seisin or quasi-seisin he lost in his lifetime, which the heir, though
[002] he is a minor, will recover during his minority by a writ of entry, for just as a minor is
[003] bound to answer to such writ of entry while he is under age, afortiori he will be answered
[004] in a like case. When one has rights of this kind by gift of the king or another, or by
[005] the constitution of the lords of the fee, and having such liberties uses them, he transmits
[006] the seisin and use to his heir, and the heir, whether he is of age or a minor, will
[007] have the same seisin his ancestor had, [according as his ancestor died in seisin or
[008] quasi-seisin,1 [for] in these cases one does not lose [seisin] though he does not at once
[009] use, though he can use, until he is disseised, or though he cannot use at once because
[010] no opportunity for use arises. It is otherwise2 when it does arise so that he can use, and
[011] he then does not use, but another does, or though he wishes to use he is hindered so
[012] that he cannot use at all, or not conveniently; he is [then] disseised.] and when he is
[013] once in seisin, his estate cannot be changed,3 [because] the estate of an ancestor
[014] cannot be changed during the minority of an heir except by action,4 [against] the
[015] heir [in] seisin. But if an heir is in seisin he will answer no one while under age. Thus
[016] his estate cannot be changed.

If in an assise of mortdancestor or a plea by writ of right it is objected against the minor that he cannot plead because he is a minor, he can reply and say.


[018] When an exception of minority is raised against a minor, that he cannot claim by writ
[019] of right or claim his ancestor's seisin against his guardian, he may answer and replicate
[020] and say ‘I am of full age and not a minor, which clearly appears, because all my
[021] lords of whom I hold except you have restored my inheritance to me and regard me
[022] as of full age.’ Or he may answer that he proved his age before such persons. And since
[023] there may sometimes be doubt as to age, we must see how it is proved, because the
[024] tenant may answer his replication [thus], that he is not of full age because if his inheritance
[025] is restored to him it was by fraud, and that such fraud ought not to prejudice
[026] him. If the demandant answers that he is of full age and has proved his age
[027] by an inquest and by the country, the tenant may answer that this ought not to harm
[028] him because the jurors swore falsely, or the judges were deceived, [that is], if his age
[029] was5 proved by inspection. The answer may also be made that he is of full age neither
[030] with respect to socage



Notes

1. Supra ii, 159, 161, 167, iv, 315

2. ‘Secus’

3. ‘Et cum . . . non poterit,’ from lines 8-9

4. Om: ‘nova’

5. ‘fuit’


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