Bracton: Thorne Edition: English. Volume 2, Page 197

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Volume 2, Page 197

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[001] through a mesne, so to speak, through several degrees. But if there is no heir at all
[002] from the first degree in the descending right line, ¹<[if] the eldest brother dies in the
[003] lifetime of the common father without an heir, or if he has an heir he has died² in
[004] his father's lifetime,> then let the computation be made directly from the first
[005] degree, from the common origin, from the father or mother in seisin, to the brother
[006] or sister in the transverse line, who, once they obtain seisin, initiate a stock and a
[007] descending right line with respect to their own heirs. If at the time of the descent
[008] all his brothers have died,³ and they have heirs in the descending right line, that is,
[009] grandsons or granddaughters, or others further removed, let the computation of
[010] the descent and the right be made to him who survives and claims through all the
[011] degrees and persons through whom, had they lived, the right would have descended.
[012] If some have died and some not,⁴ and if, [though] they were once in existence, their
[013] heirs have failed completely in [any] such descending line during the lifetime of
[014] [their] ancestor, then, since the right of necessity reverts to others in another
[015] transverse line, let the computation of the parentela and the descent be made from
[016] the first degree and common origin to such, through all the degrees and persons to
[017] whom the right descended in their lifetimes, or would have descended⁵ had they
[018] survived to become heirs, omitting all those who died in the lifetime of their ancestor
[019] as if they had never been in existence.⁶ And if the right descends further to anyone,
[020] the procedure will be precisely that described above in connection with heirs below in
[021] the right or transverse lines of descent. ⁷All those failing completely to whom the
[022] right descends below in the right line descending or the transverse, the proprietary
[023] right must of necessity descend to kinsmen or blood relations who are in a higher
[024] transverse line, as to the brother of the [father, and thence in a descending line
[025] through all his heirs to the claimant. And if all such fail, then to persons higher up,
[026] that is, to the brother of the] grandfather, and thence in a descending line through
[027] all his heirs to the claimant. And if all such fail, then to persons higher up, that is, to
[028] the brother of the greatgrandfather and all his heirs, and so from degree to degree
[029] and heir to heir to the claimant. Sometimes the computation of descent is split among
[030] several lines and several degrees because of the plurality of heirs who fall into the
[031] descent, as where the inheritance descends to several daughters all of whom are
[032] co-heir parceners and capable of inheriting, where the proprietary right is split
[033] among several persons and heads, sometimes halved, trisected, or quartered through
[034] subdivisions, as will appear more clearly below in [the portion on] the count of the
[035] right in an action by writ of right,⁸ where each person establishes for herself a stock
[036] in the first degree and a descending right

Notes

1. Supra i, 382

2. ‘defecerit’

3. ‘omnes fratres praemortui’ from line 4, for ‘filius et filia’

4. ‘[Si] quidam defecerint et quidam non,’ from line 10

5. ‘descendisse,’ as above

6. Infra 198, n. 3

7. New paragraph

8. Infra iv, 172