Bracton: Thorne Edition: English. Volume 3, Page 99

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Volume 3, Page 99

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[001] court against him who has no right in him, and thus he will be disseised wrongfully
[002] ¹<And though a true lord can answer against his villein, established under his potestas,
[003] that he has ejected him rightfully, or that he has done him no injuria, because he
[004] bought the thing with the money and goods of the lord, a stranger, he to whom the
[005] villein does not belong, cannot say that.² Thus the exception of villeinage will not lie
[006] for him as it does for the lord.> and³ without judgment, for if the disseisor had awaited
[007] judgment and had wished to claim by action he would find none in the world which
[008] would lie for him. Therefore since he could have no action, no exception ought to avail
[009] him against another's villein, for otherwise this inconsistency would appear, that he
[010] could retain by an exception and by deceit what he could never acquire by action.
[011] Hence with respect to the exception of villeinage we must distinguish in this way
[012] when a villein says he has been disseised. First, whether when disseised he was within
[013] the potestas of his lord or beyond it, in so free a status that he cannot be recalled to
[014] servitude without writ and judgment. If within the potestas of his lord, then whether
[015] he was enfeoffed by his lord or by a stranger. If by his lord, whether he holds a villeinage
[016] as well as the free tenement.⁴ We must also see who had disseised him, his lord or
[017] another. Also, when he is within the potestas of his lord, whether he holds in his own
[018] name or another's: [in his own], that is, his own tenement, when he has been enfeoffed
[019] by someone, or another's which he has by disseisin or intrusion and thus in a way
[020] holds in his own name, [or] in another's, as where he holds for a term of years, or at
[021] the will of the lords whose property it is, or in villeinage. Also (whether he is within
[022] or outside the potestas of his lord) whether he has been enfeoffed of a thing belonging
[023] to his donor, or of another's property of which the donor was not owner. When he is
[024] within the potestas of his lord and enfeoffed by him, he may have a free tenement by
[025] the consent of the lord, and no matter by whom disseised, by his lord or another, will
[026] recover his seisin by the assise; [if] against his lord, a fortiori against a stranger whose
[027] villein he never was, for if the villein brings the assise against his lord and he excepts
[028] villeinage against him, the villein may replicate against the lord on his deed and feoffment,
[029] that⁵ he may not overturn his own act since he once wished it,⁶ even though
[030] the villein holds a villeinage as well as that free tenement. If he is disseised by a stranger
[031] of the tenement given him by his lord, arraigns an assise against him, and the
[032] non-lord excepts his villeinage against him,

Notes

1. Supra i, 397

2. Supra ii, 89, infra 100, 104

3. ‘et’

4. Supra 87

5. ‘quod’

6. D. 43.3.1.14