Bracton: Thorne Edition: English. Volume 4, Page 346

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Volume 4, Page 346

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[001] [in the roll] of Hilary and Easter terms in the fourth year of king Henry at the beginning,
[002] for there it is said that as the manor was given to his ancestors, in demesne
[003] and service etc., so he claims it.¹ If the tenant says that he does not hold all the land
[004] because it is common and partible among co-heir parceners, and if this is denied, an
[005] inquest may be taken thereon, whether it is so or not, as above [in the portion] on
[006] parceners.² Similarly [in the roll] of Michaelmas term in the sixteenth and the beginning
[007] of the seventeenth years of king Henry, at the end of the roll.³ If the demandant
[008] claims more than the tenant holds, as where he claims twenty-four acres when the
[009] tenant holds only twenty,⁴ let an inquest be taken by this writ: the writ either stands
[010] or falls.

Inquest whether he does or does not hold the whole.

[012] ‘The king to the sheriff, greeting. We order you to take to yourself four (or ‘six’ or
[013] more) lawful men of those who made the view of the land which such a one claims
[014] against such a one and to diligently enquire by them and other lawful men whether
[015] the aforesaid tenant holds twenty-four acres of land as a whole, which such a one
[016] claims against him, or not, as to which the same tenant said that he held only twenty
[017] acres and that the demandant held four acres thereof and send that inquest to us etc.
[018] Witness etc.’ On this matter may be found [in the roll] of Hilary term in the fifth year
[019] of king Henry in the county of York, [the case] of Peter de Mauley.⁵ If the tenant says
[020] in his exception that he holds nothing, [but another holds], though at another time
[021] in the county court he [the other] denied⁶ that he held the whole and acknowledged
[022] [that he held] for a term and in no other way of the tenant against whom it is now
[023] claimed, and the tenant⁷ denies this, let an inquest be made by this writ.

If the tenant says that he held nothing and at another time has acknowledged that he held it all.

[025] ‘The king to the sheriff, greeting. We order you to cause a record to be made in your
[026] full county court of a plea which was in your county court between such persons with
[027] respect to so much land etc., as to which such a one against whom etc. replied that he
[028] held that land only for a term and at the will of such a one and claimed no right in it.
[029] And have that record etc. by four etc. Witness etc.’ The same day was given to the
[030] parties. On this matter may be found [in the roll] of

Notes

1. Perhaps B.N.B., no. 1436; C.R.R., ix, 132 (Trin. 4)

2. Supra 332

3. Perhaps B.N.B., no. 881; C.R.R., xiv, no. 2344

4. Om: ‘aut stat . . . cadit et’

5. C.R.R., x, 47 (Easter 5): not in B.N.B.

6. ‘dedixit,’ see n. 44 opposite

7. ‘tenens’