Bracton: Thorne Edition: English. Volume 2, Page 223

Harvard Law School Library

Bracton Online -- English

Volume 2, Page 223

Next

Go to Volume: Page:

[001] and each right maintained entire and by itself, since they are several and different
[002] rights, but a single advowson cannot be divided, though the church, which is, so to
[003] speak, the subject, may be divided into several parts, two, three or four, by reason
[004] of different baronies, [if] this, as was said above, has been done from ancient times.¹
[005] Hence, when there is a single advowson and a single right, and the several co-heirs
[006] are so to speak a single person because of the unitary right they have, let them all
[007] present together or let none do so,² unless it is agreed among them at the outset
[008] that each shall present in turn, nor may one be preferred to the other because of
[009] seniority, nor does majority prevail, as where several agree but there is one opposed.³
[010] Thus, unless they agree within the six months, the ordinary of the place will
[011] provide for the widowed church. If a servitude is owed⁴ to a neighbouring estate
[012] from the estate that is divided, the partition must neither diminish nor alter the
[013] servitude due. If the servitude is owed from the neighbouring estate to the estate
[014] that is divided, there will be a single servitude from the standpoint of the estate
[015] that owes, but several from that of the estate to which it is owed, because of the
[016] several portions, and there will be several entire rights; each may use his by
[017] himself (together or in turn) provided he does not exceed what is due, that the
[018] neighbouring estate in which the servitude is constituted not be burdened by more
[019] than what is owed. There are other inheritable things that are divisible [but] which,
[020] since they cannot conveniently be divided, are granted to one, as game preserves,
[021] fish-ponds, parks and such, provided the other co-heirs have an equivalent in value
[022] elsewhere out of the common inheritance, or if there is not sufficient elsewhere, at
[023] least a share, as every second, third or fourth fish, or every second, third or fourth
[024] haul,⁵ and so of parks, every second, third or fourth beast, according to the number
[025] of co-heirs. ⁶<If there is but one castle, let it remain entire to the eldest, provided
[026] the younger (one or several, depending on the number of heirs) is satisfied to the
[027] value elsewhere; if there are several, let the eldest have his choice, as in the case of
[028] chief messuages.>⁷ ⁸There also falls into the partition⁹ land previously given in
[029] maritagium to one of the sisters and co-heiresses [the land so given her is not to
[030] be first deducted [from her share]; she either contributes her marriage portion or
[031] departs without any share at all.¹⁰ But what if her maritagium is larger than the
[032] share of the common inheritance she could expect to have ¹¹if she contributed her
[033] maritagium? Can she not be compelled to do so?

Notes

1. Supra 221, infra 277, iv, 331

2. Infra iii, 130

3. Infra iii, 205, 225

4. ‘si servitus debeatur’

5. Infra 281

6. Supra i, 383

7. Supra 222

8. New paragraph

9. ‘partitionem’

10. Infra iv, 331

11. Not a capital in any MS.