Bracton: Thorne Edition: English. Volume 3, Page 162

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Volume 3, Page 162

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[001] him from so much land etc. which the same B.¹ (or another C. that is) demised to him
[002] for a term which has not yet passed, within which term etc. (as above).’ But the first
[003] form is better and more complete because of the taking into the hand of the lord king,
[004] so as to escape attachments and delays. One may no more² eject a termor from his
[005] term than a tenant from his free tenement. Hence if he who transferred ejects, let
[006] him restore seisin with damages, for such an ejection³ does not differ essentially from
[007] a disseisin. If some other person ejects, with the consent and authority of the transferor,
[008] both are bound by this judgment, one because of his act, the other because
[009] of the authorization. If [he ejects] without the transferor's consent, the ejector then
[010] is liable to both, to the owner as well as the termor: to the termor by this writ, to the
[011] owner by the assise of novel disseisin, and let one recover his term with damages and
[012] the other his free tenement without damages. If the owner gives the leased tenement
[013] to another to be held in demesne, he may give him seisin saving to the termor his
[014] term. For he may put the donee into vacant seisin so far as he and his are concerned,
[015] and attorn to him the termor and his service, provided the feoffee does not use, take
[016] the esplees, hinder the termor from using, or eject him.⁴ For each of them may be
[017] in seisin of the same tenement without prejudice to the other, one as of a term and
[018] the other as of fee or free tenement. ⁵<Because we speak properly when we say that
[019] the whole estate is ours even when the usufruct is another's, since a usufruct is not
[020] part of dominium but a servitude, as a right of way and passage. That is not incorrectly
[021] said to be mine of which no part can be said to be the property of another.>⁶ This
[022] action lies for heirs and against heirs,⁷ [as above [in the portion] on the assise of novel
[023] disseisin.]⁸

Of the assise where one has been disseised without judgment of things which are among the appurtenances of a free tenement, as rights, as where servitudes are appurtenant from another's estate to the estate of a neighbour, such as pasture of cattle, that is, common of pasture.

[025] We have explained above how the dominium of corporeal things is acquired and the
[026] acquisition of possession; the kind of remedy available to one ejected from his tenement
[027] and how possession may be restored to him, [or] freedom and quiet enjoyment
[028] if his possession is disturbed. Now we must show how one is restored who has been
[029] wrongfully ejected from things appurtenant to a free tenement, for rights are appurtenant
[030] to a free tenement just as corporeal things are: rights [that is], or servitudes,
[031] depending upon how they are regarded. Rights may be called liberties from the point
[032] of view of the tenements to which they are owed, servitudes from that of the tenements
[033] which owe them. They always exist in another's property, not in one's own,

Notes

1. ‘B’ for ‘A’

2. ‘magis’

3. ‘eiectio’

4. Supra ii, 138, iii, 30, infra 273-4; B.N.B., no. 1290

5. Supra i, 400

5-6. D. 50.16.25.pr.: ‘Recte dicimus eum fundum totum nostrum esse etiam cum usus fructus alienus est, quia usus fructus non dominii pars, sed servitutis sit, ut via et iter: nec falso dici totum meum esse cuius non potest ulla pars dici alterius esse.’; ‘sit’ for ‘fit,’ as D.; Maitland in L.Q.R., i, 340; Coll. Pap., i, 356-7

7. Deleted

8. Supra 157-9