Bracton: Thorne Edition: English. Volume 2, Page 208

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Volume 2, Page 208

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[001] ¹If he finds someone in seisin who claims to be the heir he cannot eject him without
[002] committing a disseisin, but may hold himself in seisin concurrently with him until
[003] he, if he is indeed the heir, acknowledges him as lord, as is explained below in the
[004] [portion on] the assise of mortdancestor, at the beginning.]² ³If there is an heir
[005] apparent, either one or several who are so to speak a single heir, [if there are several
[006] who claim to be heirs though they are not and there is doubt as to which of them is the
[007] nearer, it will be lawful for the chief lord to hold the fee in his hand until it has
[008] been decided among them which of them is the right and nearer heir,]⁴ and they are
[009] of full age,⁵ let him, whether they are found on the hearth or not, first take their
[010] homage and rightful relief and then let them have seisin of the inheritance.⁶ How this
[011] ought to be done will be explained more fully below, [[in] the tractate on the taking
[012] of homage and relief.]⁷ ⁸If the heir, or the several heirs acknowledged as heirs, are
[013] within age, the chief lord may not have the wardship and marriage of the heirs until
[014] he has taken their homage, and that being taken, let them then remain in the wardship
[015] of the lords until they are of lawful age.⁹ Wardship and marriage will be dealt
[016] with more fully below.¹⁰ [This is true] of a military fee,¹¹

Where partition ought to be made among co-heirs.

[018] When there are several heirs having one right and the inheritance ought to be
[019] divided among them, either because of the nature of the thing inherited or of the
[020] persons inheriting,¹² let a division [or] partition of the inheritance be made among
[021] them immediately after homage has been taken. [In the writ de partitione facienda
[022] there ought to be no action between co-heirs acknowledged as heirs, even though
[023] there is disagreement among them, [for example], that one of them has a greater
[024] share than he ought to have, because the writ provides nothing except that (an extent
[025] having been made) each have his rightful portion. But if before such disagreement
[026] is settled he who has the larger portion dies seised, his heir, whether of age or a
[027] minor, shall not answer without writ, because of his¹³ ancestor's seisin, rightful or
[028] wrongful.] ¹⁴If they cannot agree among themselves, let a writ de partitione facienda
[029] then issue, which provides no action,¹⁵ only that they assemble to hear the partition
[030] [and to receive their rightful portions],¹⁶ if that seems expedient to them. But since a
[031] partition cannot be made among co-heirs without an extent and valuation, and an
[032] extent and valuation cannot be made without knights who, with the sheriff, make
[033] the extent, who sometimes

Notes

1-2. ‘Si autem ... in principio,’ from lines 4-8; infra iii, 245; Prov. Westm., ca. 9

3-5. Reading: (from 207, last lines): ‘Si autem heres apparens sit, unus aut plures qui sunt quasi unus heres, vel [plures qui] contendunt se esse heredes cum non sint ... rectus et propinquior, et sint plenae aetatis ...’; om: ‘Cum autem sit heres apparens ... ut praedictum est,’ lines 8-9, a connective

4. Supra 82, infra iii, 247

6. Infra iii, 248

7. ‘[in] tractatum ... relevio,’ from line 17; infra 225

8-9. Glanvill, ix, 4: ‘ ... infra etatem, nullum ius habet dominus feodi in custodia heredis vel hereditatis nisi prius recepto homagio heredis. Recepto vero homagio, in custodia ipsius domini remanebit heres ipse cum hereditate sua sub forma suprascripta donec plenan habuerit etatem.’; infra iii, 245

10. Infra 250 ff.

11. ‘de feodo militari,’ from line 15; continued infra 225, n. 13

12. B.N.B., no. 703 (margin)

13. ‘sui’

14. Om: ‘Cum autem plures sint heredes ut praedictum est,’ a connective

15. The portion in brackets immediately above belongs here

16. ‘ad audiendum partitionem factam et ad recipiendum partes suas rationabiles.’ as writ; infra 218