Bracton: Thorne Edition: English. Volume 2, Page 82

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Volume 2, Page 82

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[001] reverted will remain with the donor because homage, if it has been taken, disappears,¹
[002] nor will he to whom the thing so reverts be the heir of the donee, neither
[003] true² heir nor quasi-heir, nor hold as though he were heir nor stand in the place
[004] of the heir, nor warrant anything done by the donee³ except only his constitution
[005] of dower.⁴ And that not in every case, only when the gift is absolute and
[006] neither conditional nor subject to a modus so as to be expressly revocable.⁵
[007] ⁶<On this matter may be found [in the roll] of the Michaelmas term of the third
[008] and the beginning of the fourth years of king Henry in the county of Bedford,
[009] [the case] of Richard le Hare.>⁷ Land given reverts not only on the failure of
[010] heirs or assigns, but on the failure of heirs of assigns, of whom no mention was made
[011] in the gift, [that is], that the thing given descend to them. Land given also reverts
[012] to the donor on the failure of heirs (regardless of how his tenants have been enfeoffed,
[013] absolutely, subject to a condition or in any other way) if no heir at all
[014] appears, and [if none appears] it will remain with him. And so if there is doubt
[015] as to whether there is an heir, until it is known whether there is one and who he
[016] is;⁸ in this case the donor will hold as though he were heir.⁹ It reverts to the
[017] donor not [only] for failure of heirs but because the right and succession may
[018] not descend to them by reason of a permanent impediment, as the felony of an
[019] ancestor, of which he has been convicted by some [proper] kind of conviction;¹⁰
[020] such land will remain with the donor as his escheat. He to whom it so reverts will
[021] occupy¹¹ the place of an heir so far as warranting everything done by the felon
[022] before his felony, when he had the will and capacity [to alien], provided what was
[023] done was completed before the felony, as a gift or a demise for a term, [both of]
[024] which will be good and valid and cannot be avoided, though as to the term it may
[025] seem that it may be because the termor apparently has no warrantor of his term, as
[026] may be said in the case of wardship.¹² But in truth such a demise is binding, for
[027] the chief lord does not enter as guardian, but as lord and in place of the heir.¹³
[028] Those things begun before the felony but incomplete and still outstanding, as in
[029] promises, obligations, and constitutions of dower,¹⁴ are invalid after conviction
[030] and condemnation. Those done after the felony, [whether completed] or imperfect
[031] and in process, will never be valid after condemnation,¹⁵ nor will the [first] donor
[032] be bound to warrant [them] though as to some matters he stands in the heir's
[033] place.¹⁶ And as a thing so given may be the donor's escheat in demesne, so may it
[034] be in homage and service, the mesne between him and the tenant of his tenant
[035] having been removed as mesne, to whose place he must [quasi]¹⁷ succeed, whether
[036] he wishes to or not, because he cannot reject the homage and service [of his tenant].¹⁸
[037] Thus he will take the place of the heir of him he succeeds, [though it is commonly

Notes

1. Supra 75; infra 188

2. ‘verus’ for ‘ut,’ as infra 195

3. Infra 195

4. Supra 76; infra 267

5. Supra 49, 76, infra 267

6. Supra, i, 375

7. B.N.B., no. 61; C.R.R., viii, 73

8. Infra 207-8, iii, 156, 247

9. Infra 96, iii, 247

10. Infra 234

11. ‘erit in’ ; infra 195

12. Infra 99, 100

13. Infra 100

14. Infra 99, 100, 275, iii, 360-61

15. Infra 100, 101

16. Infra 99

17. Infra 84, 236; ‘quasi’, from line 33, as infra iv, 192

18. The portion infra 83, nn. 7-8 belongs here