Bracton: Thorne Edition: English. Volume 3, Page 131

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Volume 3, Page 131

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[001] in the number of fish, as though of a rent certain, as in money. And if she cannot distrain,
[002] the assise of novel disseisin will lie since distress fails. ¹<One may have a free
[003] tenement because he is in possession (provided he is in possession in his own name)
[004] though it is by disseisin or intrusion, against all who have no right, but not against the
[005] true owner, unless he has² it for a time which may suffice for title, with long, continuous
[006] and peaceful seisin.> ³<One may have a firm seisin against some persons, as
[007] against non-lords, at once, and a tenuous and weak seisin against true lords, and thus
[008] a free tenement against some and not against others.> <A villein in a free status [is
[009] free] against all, lords and non-lords, and one within the potestas of his lords against
[010] non-lords, but not against lords, except in special circumstances.>⁴

Another division of tenements.

[012] Of tenements some are villeinages. Some villeinages are pure, others privileged. A
[013] pure villeinage is one that is so held that he who holds in villeinage, whether he is free
[014] or bond, will do from the villeinage whatever he is ordered, nor need he know at night
[015] what he is to do on the morrow. ⁵He will always be liable for uncertain services, may
[016] be tallaged at the will of his lord, high or low, and [must] give merchet for marrying
[017] his daughter. He will always be liable for uncertain services, whether he is free or
[018] bond,⁶ provided that if he is a free man he will do⁷ them in the name of the villeinage
[019] not because of his person,⁸ nor will he be liable de jure to give merchet because that
[020] does not fall on the person of a free man, only of a villein.⁹ If he is a villein he does them
[021] all, by reason of the villeinage and his person.¹⁰ A free man, if he holds in this way,
[022] cannot retain the villeinage contrary to his lord's will, but he cannot be compelled to
[023] retain unless he wishes to do so.¹¹ There is also a villeinage not equally pure, as where¹²
[024] it is granted to a free man or a villein under an agreement, to hold for certain services
[025] and customs, specified and expressed, though they are villein services and customs.¹³
[026] Hence since it is a villeinage, if the free man, or the manumitted or privileged¹⁴ villein,
[027] is ejected, they cannot recover it as a free tenement and the assise falls. But it is
[028] turned into a jury to inquire into the agreement,¹⁵ because of the intention and consent
[029] of the grantor, for if the plaintiffs here recover the villeinage no injuria will be
[030] done the lord, because of his intention and consent, nor do the laws help him act contrary
[031] to his consent, for if the lord can manumit and enfeoff his villein, a fortiori he
[032] may enter into an agreement with him,

Notes

1. Supra i, 399

2. ‘habeat’

3. Supra i, 399

4. Belongs below

5. New sentence

6. ‘sive liber sive servus,’ from line 16

7. ‘faciet’

8. Supra ii, 89, 90, iii, 107-8

9. Supra ii, 90, iii, 95, 96, 108

10. Supra 107

11. Supra ii, 89, iii, 90, 107

12. ‘ut si’

13. Supra ii, 38, 90, iii, 34, infra 132

14. ‘privilegiatus’ for‘alienatus,’ as 110 supra

15. Supra ii, 85, iii, 35