Bracton: Thorne Edition: English. Volume 3, Page 139

Harvard Law School Library

Bracton Online -- English

Volume 3, Page 139

Next

Go to Volume: Page:

[001] whether he claims anything in the vill not named, and similarly the tenant, whether
[002] he claims anything in the vill named. If they say they do not, the assise falls, but not
[003] the writ, but without any other writ let rightful boundaries at once be drawn between
[004] the vills or the manors.¹ Let the same be done if there is disagreement as to the
[005] boundaries and limits of counties, as where the tenant says it is in one county and the
[006] plaintiff that it is in another, and as to that both put themselves on the jury. [If] the
[007] jurors know the boundaries and limits of the counties, by their oath let the matter
[008] proceed; if they say that the tenement is in the county not named, the writ falls and
[009] the matter will proceed by another writ, in the way described above; if they say it is
[010] in the county named, the assise will proceed and the matter be determined by the
[011] assise. If the jurors do not know the boundaries and limits of the counties, the writ
[012] does not fall on that account, but the assise falls into a perambulation,² without any
[013] other writ, by direction of the judge acting ex officio, and that will determine the
[014] matter, [Provided, as was said above, that the parties are first brought to an issue
[015] certain, that it be inquired³ of the plaintiff whether he claims anything in the county
[016] not named, and conversely of the tenant, whether he claims anything in the county
[017] named,] ⁴account being taken of whether the plaintiff is of full age or a minor, for no
[018] minor may consent to a perambulation, and thus, lacking consent, it will not proceed
[019] until his full age. If the jurors say and well know that part of the tenement of which
[020] the view has been made is in the vill or county named, and part is not, the assise will
[021] proceed as to the part within the vill or⁵ county, not the other, and let both parties
[022] be in mercy.

The assise falls into perambulation.

[024] Because of uncertainty an assise falls into a perambulation, by consent of the parties
[025] in the manner aforesaid, as where there is a dispute between them as to the barony or
[026] the fee in which the tenement is, and the jurors do not know where to place it, and
[027] thus by the perambulation the dispute will be determined. Sometimes a perambulation
[028] is had between the lord king and a plaintiff, as where a disseisin has been committed
[029] by the bailiffs of the lord king in his name. If it is manifest, the pleasure of the
[030] lord king must be awaited as to whether the assise may proceed or not.⁶ If it is
[031] uncertain

Notes

1. Infra 140; om: ‘secundum . . . divisas’

2. Infra 153

3. ‘inquiratur,’ as 138, last line

4. Om: ‘et sic . . . perambulation,’ a connective

5. ‘vel’

6. Supra 35