Bracton: Thorne Edition: English. Volume 4, Page 342

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Volume 4, Page 342

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[001] thing is claimed, as where, if it is an immovable, as a tenement, its kind and size, as
[002] said above.¹ [And so] if it is² a movable, as an animal, a garment or something
[003] reckoned by weight, number or measure,³ for it is not enough to say ‘I claim a thing,’
[004] unless it is said ‘I claim such a thing.’ If it is a tenement, he must say whether it is
[005] land or a rent; if a rent, whether it is annual, issuing from a tenement or given from a
[006] chamber, according as they are distinguished above in the tractate on novel disseisin.⁴
[007] If it is a movable, he must state whether an animal or a garment is claimed; if
[008] an animal, whether a man or a lion; if a garment, whether it is a doublet of wool or
[009] linen. If a thing is claimed which is reckoned by weight, as a mass of metal, unwrought
[010] or given a form, then one must know its weight and kind.⁵ If the thing
[011] claimed is reckoned by number, as coins, then how many pounds, shillings or pence;
[012] if by measure, then whether it is a liquid or a solid; if a solid, its kind, whether it is
[013] corn, barley or other grain; if liquid, whether wine or oil or the like, and thus its kind.
[014] With regard to number it will be necessary to determine how many bushels or
[015] quarters or the like. In this way the quality and quantity of a movable may be
[016] learned. If it is an immovable, as land, he must designate its quality and quantity in
[017] the same way, as above. Also whether the whole is claimed or a part, lest the demandant
[018] claim more that the tenant holds.⁶ Also whether the corpus of the thing is
[019] claimed with its appurtenances or without them. Also whether it is one corpus that is
[020] claimed by itself or with its appurtenances, or several by themselves or with their
[021] appurtenances. If several, with or without their appurtenances, then whether they
[022] are so interconnected and annexed that one cannot be separated from the other, or are
[023] in no way connected and completely different. Also whether the thing is claimed by
[024] one or several, and similarly, whether it is held by one or several, as said above [in
[025] the portion] on parceners.⁷ Let the thing claimed be described by name, as where he
[026] claims⁸ a man, he ought to give his name,⁹ for the names of men are given that they
[027] may be recognized.¹⁰ And so if a manor is claimed, or some other thing, it must be
[028] claimed by name, or by something which amounts to it, as above [in the portion] on
[029] making the view.¹¹ Just as bodies are claimed, so

Notes

1. Supra 340

2. ‘Si sit’

3. Supra ii, 292

4. Supra iii, 59, 117

5. Supra ii, 394

6. Infra 348

7. Supra 331

8. ‘petat’

9. D. 6.1.6

10. Supra iii, 80

11. Supra 180