Bracton: Thorne Edition: English. Volume 3, Page 44

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Volume 3, Page 44

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[001] several may be detainors of the seized thing after the disseisin,¹ whether they begin
[002] to possess immediately after it (no matter in what way) or after an interval,² before
[003] impetration or after,³ provided that if they begin to possess after impetration and
[004] negligent prosecution⁴ they must be named in the writ, as though the thing had been
[005] transferred to them before impetration, because a thing first made litigious by diligent
[006] impetration may be made non-litigious by negligent prosecution. For both must
[007] be diligent, at least until pledges for prosecuting are found, because from that time,
[008] though the taking⁵ of the assise is deferred, the thing will be fully litigious.⁶ [On this
[009] there is more below in the portion on exceptions.]⁷

Against whom the assise does not lie.

[011] We have explained above against whom the assise lies. Now we must explain against
[012] whom it does not lie. It is clear that it does not lie against one who did not commit the
[013] injuria or disseisin, for he ought to be free of punishment who was free of fault,⁸
[014] though he is sometimes bound to restore, though not to the penalty, except that for
[015] wrongful detention, as one who was enfeoffed by the disseisor after a long interval, or
[016] who, long after the disseisin, disseised the first disseisor, who could⁹ not be disseised
[017] without judgment by the true lord, because long before the second disseisin he
[018] [the lord] had lost his seisin by negligence, that is, both natural and civil, though he
[019] [the second disseisor] could with impunity be ejected at once by his [the lord's] disseisor.
[020] An heir is not liable for the act, that is, the disseisin, of his ancestor, [so far as
[021] punishment for the disseisin is concerned, though he is bound to restore,] unless suit
[022] has been begun against his ancestor,¹⁰ as will be explained elsewhere.¹¹ Nor is a successor
[023] liable for the act of his predecessor except as aforesaid, especially if his predecessor
[024] is named in the writ by the name of his office or dignity; if by his own name
[025] it is otherwise,¹² because he will not answer under a different name.

If one commits a disseisin in the name of his lord; and that a lord may begin to possess by the act of his people.

[027] When someone, an abbot, prior, lord or any other person, begins to possess by the
[028] act and injuria of his people, when he has avowed their acts, and being so seised dies
[029] before restitution, quaere whether their successors or heirs are bound to restore,
[030] since they can restore, though they are not held to a penalty as the ancestor or predecessor
[031] was. An heir is bound to restore, [but by another writ, of entry,] and

Notes

1. Infra 118

2. Om: ‘sive non’

3. Infra 47

4. Supra 41, 42

5. ‘captio’

6. Infra 50

7. Infra 121

8. Supra ii, 290, n. 4, infra 157

9. ‘posset’

10. Inst. 4.12.1; supra ii, 323

11. Infra 157

12. Infra 45, 46, 81, 83