Bracton: Thorne Edition: English. Volume 2, Page 112

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 112

Next

Go to Volume: Page:

[001] the donee's death, by the modus of the gift, by which it may be inferred that if
[002] such heirs fail the thing given ought by tacit limitation to revert to the donor. And
[003] by saying ‘freely,’ he indicates his wish that no servitude be imposed on the
[004] thing given, as where one to whom no servitude or use belongs attempts to exercise
[005] some right in it. By saying ‘quietly,’ it is his will that [the donee] have quiet and
[006] peace, that he may use the thing given peacefully and be not inquieted. For ‘quiet’
[007] is the same as ‘repose’ or ‘peace,’ and if the word ‘quiet’ is compounded with the
[008] preposition ‘in’ the result will be ‘inquiet,’ that is, lack of quiet. Nor does it matter
[009] whether the donee cannot use [the land] at all or only with difficulty, as may be
[010] seen below [in the portion on] the assises.¹

Of services and customs to be performed.

[012] It is also said, ‘rendering thence yearly so much at certain terms (such and such
[013] terms, that is) and doing thence such services and such customs,’ which all ought to
[014] be certain and specified in the charter, and having been so expressed and specified,
[015] all others not expressed are taken to be tacitly remitted.² Since the kinds of services
[016] and customs are infinite, it would be impossible to set out in a charter everything
[017] to which the donee is not bound, [and] though the charter does not acquit expressly
[018] it does in fact do so since it does not burden specially.³ It is also said, ‘for every
[019] service, custom, secular exaction and demand,’ by which general clause the donor
[020] is taken to remit expressly all other services, customs and secular demands that
[021] belong to the lord from the tenement,⁴ though this is not expressly stated in the
[022] charter. For some customs and services belong to the lord, some to the king, as suits
[023] for doing justice by writ of right, for [preserving] the peace, as by judging a thief,
[024] and for afforcing the court in such matters.⁵ Services belong to the lord, the donor,
[025] because of the thing given, as rent, whether in gold or silver coins, as where it is
[026] said, ‘rendering thence yearly ten aurei,’ or ‘ten argentei’ or ‘ten shillings.’ Or if
[027] the service lies in produce, ‘rendering thence yearly ten cores (or ‘ten quarters’)
[028] of wheat,’ or the like, if the service consists [in the render] of a solid; if of a liquid,
[029] ‘rendering thence yearly ten jars of wine (or ‘ten flasks of oil’).’ If things certain are
[030] promised in return,⁶ [they may be promised conjunctively] or disjunctively, as
[031] where it is said, ‘rendering thence yearly certain gilt spurs or six pennies’ or ‘one
[032] pound of pepper or cumin or wax,’

Notes

1. Infra 125

2. Supra 62, 66, infra 113, 119

3. Supra 67

4. Infra 115

5. Infra 117, 166, 281

6. ‘si certae res repromittantur’