Bracton: Thorne Edition: English. Volume 3, Page 368

Harvard Law School Library

Bracton Online -- English

Volume 3, Page 368

Next

Go to Volume: Page:

[001] to the same A. the grain of this year's harvest from the aforesaid escambium, and
[002] also the hay, if it has been mowed and separated from the soil before the receipt of
[003] these letters, otherwise let it remain to the same C. Witness etc.’ And note that
[004] whoever is vouched to warranty, [if] when he warrants he has nothing from whence
[005] to provide escambium, the woman, whether her dower is specified or unspecified,
[006] will not lose her dower on that account, but after her death let it revert to the tenants,
[007] unless they have previously been satisfied by escambium given by the heir. And note
[008] that whenever dower is sought against a minor, either directly or indirectly, the
[009] guardian must be summoned to appear and produce the heir, by this writ.¹ But
[010] what if the guardian has aliened, so that on the day he is summoned he is not in
[011] seisin of the wardship and the land of the minor, but another to whom he has demised
[012] the wardship? This will not prejudice him who has vouched the minor to warranty,
[013] because his action is not against the guardian but the heir, no matter who holds
[014] him; let the guardian always produce him. This is true whether there is one heir or
[015] several, or [if] one of the several heirs is under age. The form of the writ for summoning
[016] the guardian: ‘The king to the sheriff, greeting.’

In a claim of dower age is sometimes awaited for a special reason.

[018] The age of a minor is sometimes awaited in a claim of dower, in special cases,² [as
[019] below [in the portion] on exceptions.]³ The reason why a woman recovers specified
[020] dower no matter into whose hand it has come may be this: because when a specific
[021] dower is constituted the woman at once begins to have right and dominium.⁴
[022] Thus she will recover no matter to whom it has come. For the husband gives and
[023] constitutes the dower; the heir merely assigns it. But if dower in a third part is
[024] constituted, the woman does not at once begin to have right because of the uncertainty,
[025] for she does not know which third part she is to have until it is assigned her,
[026] and it is only that part which falls to her by chance. Therefore she does not begin to
[027] have right in the third part at the time the dower is constituted, and thus in one case
[028] she will recover the land claimed and in the other only escambium.⁵ If a woman
[029] recovers dower against a warrantor who has warranted, who has nothing in the
[030] county whence he can warrant but has in another county, then let an extent be
[031] made of the land he lost, as was said above. If the warrantor is resident within some
[032] liberty and the tenant who lost complains that he has not had escambium, let this
[033] writ then issue to the bishop or earl whose liberty it is.

When a woman has recovered her seisin (whether of a specified or an unspecified dower) against a warrantor who has no ...

Notes

1. Not supplied

2. Deleted; supra 365

3. Infra iv, 313

4. Supra ii, 270, infra 392

5. Supra ii, 270, iii, 365