Bracton: Thorne Edition: English. Volume 3, Page 121

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Volume 3, Page 121

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[001] impetration and prosecution.¹ [Whether it is or is not, the taker will always be
[002] bound either to the penalty or to restitution or both.] He is diligent who impetrates
[003] immediately after the disseisin, but that will be of no effect unless after impetration
[004] he then prosecuted diligently, for one may be diligent in impetrating and negligent in
[005] prosecuting, or diligent or negligent in both. If he is diligent in both, he will not be
[006] prejudiced if the taking of the assise is deferred for a time.² A tenant may have many
[007] other exceptions arising from his person, as will be explained more fully below [in the
[008] portion] on exceptions.³

The exception against the assise: if wrongfully and without judgment.

[010] If no exception arising out of jurisdiction, the writ, or the persons of the parties lies
[011] for the tenant, we must then see whether any exception arises out of the act itself. For
[012] the writ says ‘such a one has complained to us that such a one wrongfully and without
[013] judgment disseised such a one,’ which words, ‘wrongfully and without judgment,’
[014] may be taken together [and] conjunctively or separately and disjunctively, that is
[015] wrongfully or without judgment. Rightfully because of jus, but wrongfully because
[016] of the injuria, because without judgment,⁴ ⁵<‘Wrongfully because without judgment,’
[017] ⁶because the disseisor had no action, or though he had an action, was unwilling
[018] to await judgment but made himself judge, having chosen to use force rather than
[019] legal process.> or wrongfully because though with a just judgment, not by his proper
[020] judge, [for this reason because he does not have execution,⁷ and so if he has,⁸
[021] as where a justice (or a court)⁹ though he has jurisdiction, decides incorrectly,
[022] wittingly or unwittingly,¹⁰ at least if he wishes to order execution of his judgment,]¹¹
[023] one who has neither jurisdiction nor coercion, and thus wrongfully though with a judgment.
[024] Together and conjunctively: wrongfully by itself, with respect to the disseisee,
[025] who was rightfully seised and wrongfully disseised, or with respect to the disseisor
[026] who disseised without judgment. Wrongfully as to the disseisee who is ejected without
[027] judgment, though rightfully, by him who has right prima facie, yet wrongfully because
[028] without judgment, because though the true lord has right in the thing and
[029] ejects rightfully, he ejects wrongfully because without judgment, [because he reclaims
[030] by his own force what he ought to reclaim by a judge,¹² therefore let him restore
[031] by judgment what he usurped to himself by force without judgment, never
[032] thereafter to be heard except only on the property,] [that is] if he ejects¹³ after a time
[033] that may suffice¹⁴ for title, since the tenant is not bound to answer without writ. It
[034] is otherwise if the lord re-ejects his disseisor at once. ‘Wrongfully because without

Notes

1. Supra 49

2. Supra 44, 50

3. Infra 149

4. ‘iuste propter ius . . . sine iudicio,’ from lines 19-20

5. Supra i, 398

6. Om: ‘sine iudicio’

7. Supra ii, 304, iii, 46, infra 123

8. ‘Idem est si habeat’

9. Supra 56, infra 122

10. Supra 43, infra 122

11. Supra 46, infra 123; ‘saltem si velit . . . demandare’

12. D. 48.7.7; infra 133

13. ‘eiciat’

14. ‘sufficere possit,’ all MSS