Bracton: Thorne Edition: English. Volume 3, Page 401

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Volume 3, Page 401

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[001] the absence of both, if they do not appear or essoin themselves, [how one must proceed
[002] may be drawn from what has been said.] When both appear, and if the woman
[003] has never had seisin of the land claimed, let her put forward her intentio in these
[004] words.

Of formulating and putting forward the woman's claim.

[006] ‘I claim against such a one so much land with the appurtenances in such a vill as
[007] belonging to the dower which falls to me from the inheritance of B. my late husband,
[008] of which he endowed me at the church door on the day he married me, of which on
[009] that day he was vested and seised so that he could endow me thereof.¹ And if he is
[010] willing to acknowledge this etc. (as above); if he is unwilling, I have sufficient proof,
[011] suit and the like.’ But if she has once been in seisin, then let her put forward her claim
[012] in these words: ‘I claim against such a one so much land with the appurtenances in
[013] such a vill as my dower, and as belonging to the land which I hold in that same vill
[014] (or in another) in the name of dower, of which B. my late husband, [who] held that
[015] whole land in fee and in his demesne, endowed me on the day he married me, so that
[016] after the death of the aforesaid B. my late husband I was in seisin thereof in the name
[017] of dower until such a one disseised me wrongfully and without judgment. And that I
[018] was thus endowed and seised I have sufficient proof, namely, such suit.’²

After the claim has been set forth.

[020] After the woman's intentio has been put forward, the tenant may vouch a warrantor
[021] if he has one, as was said above [in the portion] on vouching a warrantor, or if he does
[022] not, he may except against the woman, for example, that she returned the land to
[023] him voluntarily, or if she was disseised, that she afterwards remitted and quitclaimed
[024] her right, or withdrew from her writ.³ And let him produce suit, if he has one, and if
[025] necessary put himself on the country that⁴ the truth may be declared by the country.
[026] There will be no duel between them nor grand assise, nor consequently any essoin of
[027] bed sickness.⁵ When recourse must be had to the country and the plea is in the county
[028] court, we must see, when the tenant has put himself on an inquest and the demandant
[029] likewise, whether the county court has power to proceed to an inquest or jury if not
[030] specially ordered. It may well do so, because, since the writ says that ‘if the warrantor
[031] [of her dower] does not do it, let the sheriff do it,’ everything is taken to be granted to
[032] him without which the plea cannot be determined.⁶ And just as we may proceed to the
[033] duel in the county court in the other writ of right, so we may in this

Notes

1. Glanvill, vi, 8; supra 358

2. Selden Soc. vol. 80, cv-cvii

3. ‘disseisita fuit postea,’ repeated erroneously

4. ‘ut’

5. Supra 357

6. Supra 342