Bracton: Thorne Edition: English. Volume 2, Page 194

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Volume 2, Page 194

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[001] either the assise or the action by writ of right by an exception, namely, that the
[002] eldest cannot at the same time be both heir and lord.

Nearer heirs may be many as well as one.

[004] Just as there may be one nearer heir there may be several to whom the right descends
[005] as to a single heir, because of the unitary nature of the right, as the several daughters
[006] of the father or mother from whom¹ the inheritance descends, [whether they are of
[007] the father and the same mother [or of the mother and the same father] or different
[008] ones.]² [It does not matter whether they have the same father and the same mother
[009] or different ones, provided a distinction is made, as was said above, between a
[010] descending inheritance and an acquisition.]³ where, since there is no male heir, all are
[011] together heirs to the undivided whole,⁴ and the inheritance, in everything that admits
[012] of division, must be divided in equal portions⁵ among them, by reason of the persons
[013] who inherit, not because of the thing inherited. ⁶[How they must do their homages,
[014] by whom and when, and to whom they must achieve, will be explained more fully
[015] below [in the portion] on homages.]⁷ Several males may be nearer heirs in an
[016] inheritance just as may several females, not because of their persons but because
[017] of the thing, nor are they all heirs together to the undivided whole, that is parceners,
[018] as female heirs are, taking as a single heir, but several heirs, [each] taking a portion.
[019] For there are heirs and co-heirs, and of co-heirs some are parceners and some are
[020] not, that is, taking no portion with their co-heirs.⁸ Several female heirs who are
[021] parceners may be [nearer heirs] both by reason of their persons and the thing, as
[022] where one holds partible land hereditarily and has several daughters who are his
[023] heirs; they will thus be nearer heirs because they are parceners and because they
[024] are co-heirs capable of inheriting. [Some of the female heirs who are parceners
[025] may be nearer heirs and others not]. For a father may have several daughters by
[026] one mother and several by another, and if with respect to the descending paternal
[027] inheritance all are parceners and able to inherit, they will not [all] be such as to an
[028] acquisition made by a brother or sister born⁹ of the same mother. The daughters
[029] born of the same mother will be nearer heirs, parceners¹⁰ and capable of inheriting
[030] the acquisition of the brother or sister, because of the [whole] blood;¹¹ those [male
[031] or female] of the other mother will be near and right heirs, [but] never parceners
[032] able to inherit during the lifetime [of their half-sisters], only after their death.
[033] ¹²Those are called nearer heirs to whom the proprietary right descends by hereditary
[034] right. If by reason of an agreement or a condition, tacit or express, or of necessity,
[035] for failure of heirs or

Notes

1. Reading: ‘de patre vel matre a quo’

2. ‘utrum fuerint de patre et eadem matre [vel de matre et eodem patre] vel diversis,’ from lines 10-11

3. ‘Et non refert ... perquisitum,’ from lines 8-10; supra 191; ‘quod’ for ‘quid,’ all MSS.

4. ‘Omnes simul ... apparet,’ from line 7

5. ‘pro virilibus portionibus’: D. 27.3.1.11; 30.1.33; 42.1.43

6. Infra 293, iii, 279

7. Infra 226-7

8. ‘coheredibus’; ‘heredibus,’ OB, CE, CM, Y

9. ‘fuerit’

10. ‘participes,’ all MSS.

11. Supra 190, 191

12. New paragraph; om: ‘Et regulariter ... omnes’