Bracton: Thorne Edition: English. Volume 2, Page 212

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Volume 2, Page 212

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[001] seems most expedient to you, to cause to be extended and valued by their oath each
[002] vill separately, in demesnes, villeinages, etc. (as above) according to how they now
[003] are (or ‘in the same condition they now are’) in all things that can and ought
[004] to be extended and valued. Having made an extent in that way, let each vill be
[005] divided into halves so that one half of each vill is equal to the other half of the
[006] same vill. And this division having been made, let a lot be assigned to each half and
[007] by lot let each party be assigned his half, saving to A. his seniority, and counting
[008] in A's portion all the lands and tenements the same A. gave [to others out of those
[009] lands],¹ according to the value of those alienated lands. And to remove every
[010] occasion for contention that could² arise between them and their bailiffs ³[if] the
[011] lands in each vill should remain so divided and partitioned,⁴ by consent of the parties
[012] it has been established and agreed that you cause each of them to have his separate
[013] part in this way: that the portion which falls by lot to the aforesaid daughters in any
[014] vill, which had it remained undivided, would be properly appropriate to the said A.
[015] and a necessary adjunct to his portion, shall remain entire to the same A. together
[016] with his own portion, so that he has that whole vill. And in the same way, let the
[017] converse be done in another⁵ vill with respect to A's portion, which, if the vill had
[018] remained entire, would properly be appropriate to and a necessary adjunct to
[019] [the portion of] the aforesaid daughters; let the portion belonging to the said A. in
[020] that vill be assigned [to them]⁶ to the value of the portion which the aforesaid A. has
[021] of the said daughters’ portion in the other⁷ vill aforesaid, according as the land of
[022] each is valued, so that the aforesaid daughters have that whole vill entire. And if the
[023] portion of one in one vill is smaller than the portion of the other in the other vill, let
[024] him who has less be supplied with what he lacks elsewhere, in a suitable place, out of
[025] the portion of him who has more, so that each of them has an equal portion, the
[026] lands alienated being taken into account etc. And saving to A. his seniority. In
[027] testimony whereof etc. Witness etc.’ There is another writ that precedes the above,
[028] where the justices have proceeded improperly, upon which there follows the writ
[029] just given; it is this and is directed to the sheriff.

A writ on the same matter.

[031] ⁸‘The king to the sheriff, greeting. Know that we have restored to B., to the use
[032] of the daughters and

Notes

1. ‘aliis de terris illis,’ as roll

2. ‘posset,’ as roll

3-4. Roll reads: ‘si terre divise sicut predictum est ei [eis] remanerent in qualibet villa’

5. ‘alia’, as roll

6. ‘predictis filiabus,’ as roll

7. ‘alia’

8. Letters designating the parties altered as above; C.R.R., xii, no. 360 (Hilary 9): ‘Dominus rex reddidit et concessit filiabus Ricardi de Lucy, que sunt in custodia Thome de Moleton’ terram suam, quam dominus rex recuperavit versus comitem de Albermar’ de hereditate Alicie de Rumelly. Et super hoc convenit inter ipsum comitem et predictum Thomam ex parte predictarum filiarum quod idem Thomas remisit eidem comiti totam terram de Ruddest’ in comitatu Norht’ et preterea c. solidatas terre per racionabilem extensionem de parte earum, per sic quod filie ille habeant partem suam per se in omnibus rebus. Et ideo preceptum est ...’