Bracton: Thorne Edition: English. Volume 4, Page 321

Harvard Law School Library

Bracton Online -- English

Volume 4, Page 321

Next

Go to Volume: Page:

[001] allowed. And that age ought to be proved in this way may be seen [in the roll] of
[002] Michaelmas term in the third and the beginning of the fourth years of king Henry,
[003] in the county of Sussex, the case of John de Breuse and Reginald de Breuse, because
[004] from his appearance the justices could not be certain of the age of the aforesaid John.
[005] It was therefore decided that proof be made by the country and kinsmen.¹ But with
[006] respect to [what is said, that] kinsmen ought to be assumed, we must see whether
[007] proof ought to be made for the minor or against him because² [whether it is one or the
[008] other, in every case kinsmen may be suspect.] All other answers because they raise a
[009] slight presumption, allow of proof to the contrary.

Proof by presumption, as where one has impleaded others as of full age; he will answer others as being of age.

[011] Age is sometimes proved by a presumption, indirectly and without bodily inspection
[012] or the production of witnesses, as where one sues against another and bears himself
[013] as one of full age, whether he is of age or not; he will answer others suing against him
[014] if, contrary to his action and his own deed he says that he is a minor, because, since he
[015] once asserted that he was of age, to his own advantage, let him be taken as such when
[016] it is to his disadvantage. Age may sometimes be proved by an assise, by the jurors of
[017] the assise only, sometimes, if there is reason therefor, with the addition of others,
[018] kinsmen and neighbours, as where one who is in wardship claims his inheritance
[019] against the chief lord by an assise of mortdancestor and the objection is raised against
[020] him that he is not of full age, [and both put themselves on a jury]; when age has been
[021] so proved it suffices, nor is a conviction or other proof admitted to the contrary, because
[022] of the consent, especially with respect to him who raised the exception, though
[023] according to some it does not hold as against others, because jurors of this kind may
[024] be deceived or, corrupted by prayer or price, swear a false oath. If one says he is a
[025] minor when he is of age, [as where] he alleges that he is a minor to protect himself, so
[026] that he need not answer, it suffices if his age is proved in any way; and [if] he answers
[027] the demandant, he will be bound to answer all others. We must see where and when
[028] age ought to be proved. It is clear that it must be done in the king's court, without
[029] resummons, where he against whom minority is objected is demandant in an assise
[030] of mortdancestor against the chief lord. But if the objection is raised for his own
[031] advantage, that he need not answer before

Notes

1. B.N.B., no. 46; C.R.R., viii, 10

2. Deleted