Bracton: Thorne Edition: English. Volume 4, Page 40

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Volume 4, Page 40

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[001] without her husband's consent, then thus: ‘to recognize on oath etc. if the aforesaid
[002] tenant has any right or any entry in so much land with the appurtenances in such a
[003] vill, which such a one claims as his right (if the land is his own, or ‘which such a one
[004] and his wife claim as the right of his wife’ or ‘as the dower of his wife’ or ‘of the rightful
[005] dower,’ according to the form of the writ of entry) other than [through the aforesaid
[006] wife who]¹ demised it to him without the assent of her husband, as the same demandant
[007] says, or if the aforesaid tenant had his entry into that land through the
[008] aforesaid husband who gave (or ‘sold’) it to him (or ‘through the aforesaid wife before
[009] marriage’ or ‘after,’ as above) as the same tenant says.’

A jury if without assent.

[011] ²In single writs of entry, [if an alienation is made by a chapter without the assent of
[012] the bishop, abbot or prior, or by a canon without the assent of the chapter, or by a
[013] obedientiary or procurator without the consent of the abbot or prior, or by a bailiff
[014] without the assent of his lord, or by a bailiff while [his lord] is in prison,³ or⁴ by him
[015] who holds in villeinage, [or] by one while he is not of sound mind, [or] by⁵ one who
[016] holds only for life, [or] by a felon after the felony committed,] as where the entry is
[017] simply alleged and simply denied, without anything being excepted against the entry,
[018] then thus: ‘to recognize etc. if A. father of B. had any right or any entry in so much
[019] land etc. except through C. guardian of D., brother of E., that is, he who claims, whose
[020] heir the same E. is, [who gave that land to him] while the said D. was within age and
[021] in the wardship of the aforesaid C. with that land and his other lands, because both
[022] the aforesaid B., son and heir of the aforesaid A., who⁶ warranted the aforesaid land
[023] to F. of N., against whom⁷ the same E. in our same court claimed that land as his right,
[024] and the same E. brother and heir of the aforesaid D., have put themselves on that
[025] jury. And in the meantime let them so certify [themselves] that [they may certify] the
[026] aforesaid judges etc.’

If through intrusion.

[028] Or ‘to recognize on their oath if A. father of B. was seised as of fee on the day he died
[029] of so much land

Notes

1. ‘quam per praedictam uxorem quae,’ as supra 35

2. ‘In brevibus . . . singularibus,’ from lines 17-18

3. ‘si sine assensu . . . prisona,’ from lines 12-15; om: ‘tunc . . . omni casu,’ redundant

4. ‘vel’

5. ‘per’

6. ‘qui’

7. Om: ‘B. scilicet’