Bracton: Thorne Edition: English. Volume 3, Page 13

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Volume 3, Page 13

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OF CIVIL ACTIONS

Of civil actions, some of which are real and some personal. First of possession and the classification of possessions.

[003] We have spoken above of criminal actions and actiones injuriarum which are personal
[004] and belong to the crown of the lord king.¹ Now we must discuss civil actions, some of
[005] which are real and some personal, turning first to those that are real. There is possession
[006] and proprietas, and for the reason already given above we must deal first with
[007] possession.² It is clear that of possessions one is a naked instrusion, a pedem positio³
[008] which⁴ is called naked because unprotected by any vestment; it has only the barest
[009] minimum of possession and nothing at all of right.⁵ In some respects, though not in
[010] others, it is like a disseisin, for wherever there is a disseisin there is, in a sense, an intrusion
[011] on the part of the disseisor, but the converse is not true, for wherever there is
[012] an intrusion there is no disseisin, because of the vacant possession. In both cases possession
[013] is naked until a vestment is acquired through time and peaceful seisin. There
[014] is another kind of possession, having little of possession and nothing of right, as that
[015] which is by license, or clandestine or forcible;⁶ such never acquires a vestment
[016] through the passage of time. There is a [third] kind, having something of possession
[017] but nothing of right, as that granted for a term of years, where nothing may be taken
[018] except the use and the fruits. A [fourth] kind has a good deal of possession though
[019] nothing of right, as that which one has for life only, by the causa of dower or gift or
[020] some other. There is also a [fifth kind] of possession which has more of possession and
[021] much of right, as where one has the free tenement and the fee to himself and his heirs.
[022] Lastly, there is a [sixth] kind, having a maximum of possession and of right, as where
[023] one has the free tenement the fee and the proprietas.⁷ But though he has a maximum
[024] of possession and of right, nevertheless another may have a greater right in the same
[025] thing.⁸

Of that possession called naked.

[027] We must first say something of that kind of possession which is completely naked and
[028] without a vestment of any kind, called an intrusion; then of the other kinds in order.
[029] [First of all], therefore, what is an intrusion? It

Notes

1. Supra ii, 437

2. Supra ii, 320

3. D. 41.2.1.pr.; Drogheda, 196

4. ‘quae’

5. Supra ii, 122

6. Supra ii, 157, 158, infra 163

7. Supra ii, 122-3

8. Supra ii, 25