Bracton: Thorne Edition: English. Volume 3, Page 304

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Volume 3, Page 304

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[001] of the abbot of Reading and Martin of Pateshull in the county of Leicester, an assise
[002] of mortdancestor [beginning], ‘if Walter son of William.’¹ And the same may be
[003] said of burgage according to the age² of burgage,] nor to a writ of right in a proprietary
[004] action³ before he is of full age, that is, twenty-one years.⁴ When those who
[005] hold in socage and burgage and are of full age according to socage and burgage make
[006] gifts, quaere whether they may revoke them when they reach the age of twenty-one
[007] years, as though they had made them of a military fee. I say they may not, [in some
[008] places,] as may be seen in the eyre of Martin of Pateshull in the county of Warwick
[009] in the fifth year of king Henry, at the end of the roll.⁵ What has been said applies to
[010] an heir male. With regard to a female heir within age it is not altogether so. To what
[011] matters a minor within age ought to answer will be explained more fully below [in
[012] the portion] on exceptions.⁶

If a minor sues against one of full age.

[014] If a minor sues against an adult an essoin will not lie against the minor,⁷ nor if the
[015] adult defaults will a resummons lie, any more than an essoin. Let the assise be
[016] taken on the first day, if the minor is present, and for this reason, because if the
[017] adult were present he could say nothing as to why the assise should remain.⁸ And
[018] when the minor has recovered by the assise as of fee, he will not answer to a writ of
[019] right on the right and the property⁹ before his full age,¹⁰ neither to an adult nor
[020] a minor,¹¹ nor will he answer to any other plea in which he could be disinherited
[021] without recovery. If a minor claims against a minor by the assise, the assise will lie
[022] well enough for the minor demandant. ¹²With respect to a minor in seisin, we must
[023] see how he acquired seisin, whether by his own act, [as where] he committed a disseisin,
[024] or was enfeoffed under age, as to which [more] will be said below,¹³ [and]
[025] whether his ancestor, whose seisin he has, died seised as of fee or in another way: if
[026] as of fee, he will not answer before his full age, as was said above at the beginning,¹⁴
[027] [in the portion] ‘if an adult claims against a minor.’ If not in fee but in another way,
[028] as in pledge, or for a term or for life, [or] if¹⁵ the minor was enfeoffed thereof, the
[029] assise will be taken on the same day, whether he comes or not, because neither an
[030] essoin nor resummons lies. ¹⁶<But we must see how and by what writ a plea of warranty
[031] ought to be resummoned when the chief lord's heir reaches his majority. The
[032] writ will be as follows:

Notes

1. B.N.B., no. 1957

2. ‘aetatem’

3. Om: ‘Non tenetur . . . ut videtur’

4. Supra 302

5. Selden Soc. vol. 59, no. 574; supra 281, 289; not in B.N.B.

6. Infra iv, 311

7. Supra 301

8. Supra 253 infra iv, 81; B.N.B., no. 1956 (margin)

9. ‘de iure et proprietate,’ from preceding line

10. Supra 302

11. Infra iv, 312

12. New paragraph

13. Infra iv, 80, 312

14. Supra 302

15. ‘vel si’

16. Supra i, 405; belongs supra 303, n. 5