Bracton: Thorne Edition: English. Volume 3, Page 411

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Volume 3, Page 411

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[001] given [or] sold, or carried away and erected elsewhere, [or] transported outside the
[002] land held, but we must distinguish whether what was done is grave or trifling, as
[003] was said above.¹ What is taken for the necessary and useful repair of houses ought
[004] not to be adjudged waste, since the heir's condition is improved thereby. And [so]
[005] if some similar thing is done.

If a guardian is convicted of waste; the penalty that follows.

[007] When a guardian commits waste in his wardship and is convicted thereof, whether it
[008] was done before a prohibition or after, he will incur the following penalty, that is, in
[009] the first place he will lose the wardship, will remain in the king's mercy, and will
[010] restore damages. And that this is so may be found among the pleas which follow
[011] the king in the twenty-second year of his reign, in the county of Huntington² [the
[012] case] of John Dacus and the daughter and heir of John of Bray, before John de
[013] Lacy, earl of Lincoln, and William of Ralegh.³

When a woman dies seised of her dower it immediately reverts to the heir and warrantor of her dower or to him who stands in the place of the heir.

[015] When a woman dies seised of her dower it immediately reverts to the heir-owner, or
[016] to another who stands in the place of the heir, unless the heir has aliened the dower in
[017] the woman's lifetime, made a gift or sale of the two parts and then attorned the
[018] woman's service to the buyer or donee and attorned her, that she be intendant upon
[019] the donee or buyer as the warrantor of her dower. In which case, if she has attorned
[020] herself and her service, after her death her dower and seisin will follow the right and
[021] property, which are in the donee or buyer. [Nor does it revert to the heir after the
[022] woman's death, as was briefly said above,⁴ where she recovers dower, specified or
[023] unspecified, against the heir who warranted the land [to the tenant] against the
[024] woman, the woman recovers, and the heir has nothing from which he can⁵ give escambium
[025] before the death of the woman.] By the judgment, therefore, the dower will
[026] revert to the donor or buyer, not to the heir, because of the mere right they have.

If the heir has made a gift in the lifetime of the woman and has attorned the woman to the donee.

[028] If after the heir has made a gift of the two parts and attorned the service of the
[029] woman, the heir who gave or⁶ sold intrudes himself into that land, contrary to his
[030] charter and gift and his own act, the buyer or donee is aided by the following writ of
[031] entry: ‘The king to the sheriff, greeting.

Notes

1. Supra 409

2. As supra 328; so on roll and in B.N.B.

3. B.N.B., no. 1201 (21 H. 3); C.R.R., xv, no. 1928; waste by guardian: B.N.B. no. 1840 (1227), supra 410

4. Supra 364, 368, 370, 398

5. ‘possit’

6. ‘vel’