Bracton: Thorne Edition: English. Volume 2, Page 225

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Volume 2, Page 225

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[001] pot,¹ although the land descends to the wife's heirs. And so if an absolute gift is
[002] made to a stranger who, after the feoffment, marries one of the daughters and
[003] parceners. ²It was said that the eldest must always be preferred because of the
[004] privilege of age. But suppose that the eldest daughter dies during the life of the
[005] father or mother from whom the inheritance descends, leaving an heir, a grandson or
[006] granddaughter; with respect to seniority her oldest sister must be preferred to the
[007] grandson or granddaughter of the eldest daughter, because she did not survive the
[008] death of her parents. ³But what shall be said of serjeanty? It is evident that it cannot
[009] be partitioned, lest the king be forced to receive his service in fractions. ⁴When
[010] partition and the assignment by lot have been made, as aforesaid, and ⁵the
[011] inheritance taken up, all hereditary rights pass to the heirs on civil acceptance.
[012] But possession will not be theirs until it is actually taken,⁶ that is, animo and
[013] corpore, their own or another's,⁷ as that of a procurator; before that time it will
[014] not belong to them. Hence when partition has been made in the court of the lord
[015] king, let them at once have a writ to the sheriff for having their seisin in accordance
[016] with the partition made between them in the king's court, by this writ.

Writ to the sheriff for giving seisin to co-heirs after partition.

[018] ‘The king to the sheriff, greeting. Know that an extent and valuation having been
[019] made of all the lands and tenements which belonged to such a one, the father (or
[020] mother) of such persons, and partition having been made among them, there fell
[021] to such a one, the eldest daughter,⁸ by lot such messuages which are the heads of
[022] baronies because of seniority, and such messuages by choice, [in all] so many lands,
[023] so many tenements, so many advowsons and so many military fees; and in like
[024] manner to such a one, such a portion (and so respecting the others). We therefore
[025] order you to cause the aforesaid persons to have full seisin of the aforesaid lands
[026] and tenements and fees at once, in accordance with what was said above. Witness
[027] etc.’ If one of the several co-heirs and parceners dies without an heir of her body,
[028] ⁹before assignment or after it,¹⁰ partition having been made, her portion shall accrue
[029] to the survivors by right of accruer.¹¹

Of performing and taking homages.

[031] When, after the death of his ancestors, one has been acknowledged as heir by the
[032] chief lord, whether the heir is of full age or not let the chief lord take his homage at
[033] once, before he has wardship or relief.¹² ¹³[for of heirs], some are bound to homage
[034] and an oath of fealty, others only

Notes

1. Supra 79, infra 266

2. New paragraph; belongs supra 220

3. New paragraph; belongs supra 222; infra iv, 232

4. New paragraph

5-6. D. 41.2.23. pr.: ‘Cum heredes instituti sumus, adita hereditate omnia quidem iura ad nos transeunt, possessio tamen nisi naturaliter comprehensa ad nos non pertinet.’

7. Supra 54

8. ‘primogenitae’

9-10. ‘ante assignationem vel post’, from line 31

11. Infra 226

12. Redactor's introductory sentence; the preceding section (208-25) wrongly inserted

13. Continued from 208, n. 11; rubric should read: ‘Some heirs are bound to homage, some to fealty only’