Bracton: Thorne Edition: English. Volume 3, Page 161

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Volume 3, Page 161

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[001] the taking of that jury the tenant or the plaintiff dies. The heir is then aided in the
[002] same way as above,¹ in the assise of novel disseisin, for ubi eadem ratio ibi idem jus,
[003] with [the clause or] without it, as above. The form of the writ is this: [as below
[004] [in the portion] on convictions.]²

If a termor is ejected from his term before its expiration.

[006] We have explained above how one ejected from his free tenement may be restored.
[007] Now we must explain [what the remedy is] if one is ejected from a usufruct, from³
[008] the use and occupation of a tenement which he holds for a term of years not yet expired.
[009] [In one and the same tenement one person may have the free tenement and
[010] another the usufruct, the use and occupation.] Such persons, when they were ejected
[011] before the expiration of their term, once sued by writ of covenant, but because that
[012] writ did not lie between any persons, only between him who had given the land to
[013] farm and for a term and him who had accepted it, [because] the obligation of agreement
[014] could not bind others, and also because even between such persons the matter
[015] could hardly be determined without difficulty, by counsel of the court [a remedy] is
[016] provided the termor against any who have ejected him by this writ.

Writ for recovering a term.

[018] ⁴‘The king to the sheriff, greeting. Order A. rightfully and without delay to restore
[019] to B. so much land with the appurtenances in such a vill which the same A. demised
[020] to him (that is, [if he who demised ejects]; ⁵<Or thus, ‘if such a one has made you
[021] secure etc. (as⁶ below) [then summon C. etc.] to show why he deforces [B.] of so much
[022] land with the appurtenances in such a vill, which such a one [A.] demised to [B.] for
[023] a term which has not yet passed, within which term the aforesaid [A.] sold [the land]
[024] to C., who by reason of that sale ejected the aforesaid B. from the said land, as he
[025] says. And have there etc. Witness etc.’ If this writ lies against a stranger who, because
[026] of the sale made to him had a reason of a kind [to eject], if he ejects the termor, it lies
[027] a fortiori against the lord who demised and ejects without any reason.> if someone
[028] other than he who demised ejects, then thus): ‘Order C. of N. [etc. to restore to B.
[029] etc. which A.] demised to him for a term not yet passed, within which term the aforesaid
[030] A. (or ‘the aforesaid C.’) wrongfully ejected the same B. from the same land (or
[031] ‘from his term’) as he says. And unless he does so and [if] the aforesaid B. has made
[032] you secure, then summon etc.’ This writ may also be drawn, according to some, in
[033] this way, thus: ‘If A. has made you secure etc. then summon B. to be before etc. to
[034] answer the said A. as to why he wrongfully ejected

Notes

1. Supra 157-9

2. Infra 350, 351

3. ‘de’

4. Infra iv, 22

5. Supra i, 400

6. ‘ut’