Bracton: Thorne Edition: English. Volume 3, Page 59

Harvard Law School Library

Bracton Online -- English

Volume 3, Page 59

Next

Go to Volume: Page:

[001] by that same writ of novel disseisin.>¹ What, that is, whether it is land or² some other
[002] tenement as to which the disseisin was committed, as a rent,³ and then they ought⁴
[003] to see the tenement from which the rent issues, whether it consists of a money payment
[004] or a render in other things, of whatever kind, which may be counted, weighed
[005] or measured: measured, either a solid or a liquid; a solid, as grain; a liquid, as wine,
[006] oil and the like. Also how much, that is, whether it is much or little.⁵ They ought to
[007] see in what county the tenement is,⁶ and in what vill, and in what place and in what
[008] part of the place. [Also] within what boundaries and limits the tenement is contained,
[009] so that, at the least, if they cannot specify the size of the thing, as where there is
[010] doubt as to the number of acres or virgates, they may say ‘about’ or ‘near,’⁷ or at
[011] least within what metes the tenement is contained. But for the awarding of seisin,
[012] if the place is ascertained but they do not know in what part of the place, it suffices
[013] if seisin is given him in some part;⁸ if the part is ascertained but they cannot specify
[014] the boundaries of the tenement, it suffices if seisin is given him to the amount of the
[015] jurors' verdict by reasonable measure.⁹ ¹⁰<If it is a rent, let the view then be made to
[016] the jurors of the tenement whence the rent issues. If it is common of pasture, of the
[017] tenement in which the common is claimed and also of that to which it is said to be
[018] appurtenant.> If the rent ought to be paid out of a chamber, in perpetuity or for a
[019] time, no view may be made of any tenement, and therefore the assise does not lie,
[020] since a rent of that kind is not a tenement, but another action will be necessary.¹¹
[021] This is so whether the rent issues only from a chamber or from some tenement, not
[022] by the hand of him who holds the tenement, but by that of the donor, which is the
[023] same as from a chamber. But if payment ought to be made directly by the hand of
[024] the tenant, and from a certain tenement, if it ceases and distraint is not available, the
[025] assise will lie for lack of distraint. And so if a rent, great or small, is granted out of
[026] some certain tenement, as where one grants to another out of one of his manors ten
[027] pounds a year in fee, with power to distrain or withoutit. If with it, distraint is either
[028] sufficient or insufficient. If sufficient, let him to whom the rent is owed confine himself
[029] to distraint. If it is wholly valueless or insufficient, the assise will lie for lack of
[030] distraint, since the rent issues from a certain tenement, and because where distraint
[031] fails the assise will lie.¹² ¹³In making the view, if it ought to be made of a corrody.¹⁴
[032] [If a corrody is claimed], quaere if he may make a view to the jurors

Notes

1. Repcated infra 62

2. ‘vel’

3. Om: ‘sive consistat . . liquido’

4. ‘debent’

5. Supra 58

6. The addicio supra 58, n. 12, belongs here

7. Reading: ‘ut ad minus . . . non possint, ut si . . . dubitetur, dicere possint circa vel circiter’

8. Infra 62-3, 141

9. Infra 63

10. Supra i, 394

11. Infra 117: De annuo redditu

12. Ibid

13. New paragraph

14. Rubric