Bracton: Thorne Edition: English. Volume 3, Page 54

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Volume 3, Page 54

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[001] same A., though he has nothing except the bare lordship, enfeoffs the aforesaid B.,
[002] the farmer, de facto since he cannot do so de jure, and after the feoffment the farmer
[003] refuses to pay the rent. The aforesaid C., the first feoffee, then ejects the same B.,
[004] the farmer and second feoffee, and the aforesaid B. the farmer brings the assise of
[005] novel disseisin against C. the first feoffee. He will not recover seisin because the
[006] aforesaid A. could give him no free tenement, since he had no seisin at all, nothing
[007] except the bare lordship.¹ The fraud having been found or admitted, by the judge
[008] acting ex officio, by counsel of the court, escambium to the value will be provided from
[009] the lands of the same A., because of his deceitful act, to the said B., whether the
[010] first feoffee [C.] is free or bond, [because] though he is² a bondsman, neither A. nor B.
[011] will have the exception of villeinage. Suppose that A. ejects B. and immediately
[012] after the disseisin enfeoffs C.; if he does this before impetration both must be included
[013] in the writ, because neither may answer without the other, though both are
[014] principal disseisors, because the first and principal cannot restore without the
[015] feoffee and the feoffee committed no disseisin by himself but together with the
[016] feoffor, and so of several ad infinitum. But if he enfeoffs after impetration, whether at
[017] once or after an interval,³ [let what was said above be done.] Suppose⁴ that A.
[018] ejects B. and C. ejects A. and so each the other ed infinitum,⁵ and afterwards A. or
[019] B. ejects C., at once or after an interval. We must see who first impetrates and in
[020] whose possession the tenement ought to be in peace until the advent of the justices.
[021] It is clear that it ought to be in the hands of the person in seisin at the time of impetration,
[022] because of the words [in the writ] that the sheriff cause the tenement to be
[023] in peace until the arrival of the justices.⁶ Suppose that [A. disseises B. and that] B.
[024] disseises A. after an interval without judgment, before A. has transferred the thing
[025] to another; if A., though a disseisor, impetrates against B. he will recover. If A.
[026] freely offers it to the disseisee and the disseisee freely accepts it before impetration, he
[027] may well do so, but after impetration not without penalty.⁷ Suppose that A., the
[028] first disseisor, disseises C., his feoffee or his disseisor, and then restores the tenement
[029] to B. before C. has impetrated, C. will have the assise against both if the thing has
[030] been restored to B. before impetration; if afterwards, it suffices if the writ is brought
[031] only against A. Suppose that A. when he has disseised C. retains the tenement in his
[032] own hand and C. impetrates only against A., then, after impetration, A. restores to
[033] B. C. will recover against both, and B. will never be heard afterward except on the
[034] property, because he received a thing, though his own, which had been made litigious,
[035] to the prejudice of C. since

Notes

1. Supra ii, 53, 92, 138, infra 162

2. ‘sit’

3. Deleted

4. ‘Esto,’ all MSS

5. ‘infinitum’

6. Infra 57, 75

7. Infra 148