Bracton: Thorne Edition: English. Volume 4, Page 177

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Volume 4, Page 177

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[001] in the fourth year of king Henry in the county of Wilton, [the case] of William of
[002] Lusthall and William of Covelfield.¹ And unless mention is made of all the action²
[003] falls. If the count is begun from one who was never in seisin the action also falls;
[004] the demandant will lose if this is admitted, as [in the roll] of Trinity term in the
[005] third year of king Henry, near the end of the roll.³ And so if there is an error as to
[006] the person of him on whose seisin the land is claimed, as where one claims on the
[007] seisin of his mother when he ought to claim on that of his father, or conversely. And
[008] so if there is error in their proper names, as where he calls the ancestor by one name
[009] and he was called by another. And so of all others to be named in the descent. And
[010] so if one is omitted who ought to be named, or if any degree is omitted. And so if
[011] there is error as to the thing claimed, as where one thing is claimed for another.
[012] Also if one fails to name someone in the count of the descent who has a greater right
[013] than the demandant, or as much right. On this matter may be found [in the roll]
[014] of Hilary and Easter terms in the fifth year of king Henry, near the end of the roll.⁴
[015] And so if it is claimed by descent on the seisin of one who was a villein; if it is
[016] excepted that he was free, the grand assise will proceed between demandant and
[017] tenant by the words [to be set out below.]

To whom the right may descend.

[019] We must see to whom the right may descend. It is clear that it is to children,⁵ heirs
[020] in the descending right line, whether males or females, present or absent, of full age
[021] or within age, to idiots as well as those who have discretion, to lunatics as those of
[022] sound mind,⁶ which could be said of the insane, whether they enjoy lucid intervals
[023] or not. ⁷<That is because the descent of the right does not require the consent of the
[024] heir, but the taking up of an inheritance does require it, because the right descends to
[025] the absent and those without notice, but seisin is not acquired without consent.>⁸
[026] Such persons, since they do not have the animus adquirendi, cannot, while in that
[027] state, acquire seisin, if the insanity is permanent, but if it is not, they may then
[028] [acquire and] retain, as any minor may, by authority of a tutor⁹ or by themselves.
[029] And when they once begin to possess,¹⁰ they can never, while in that state, cease to
[030] possess,¹¹ no more than a minor may before he reaches full age.¹² But stupid and weakminded
[031] persons may, because they are able to consent and dissent,

Notes

1. B.N.B., no. 1360; C.R.R., ix; 2

2. ‘actio’

3. Not in B.N.B.; no roll extant

4. Not in B.N.B.; Hall in E.H.R., lxxiii, 483

5. Om: ‘hominibus’

6. Supra ii, 24

7. Supra i, 415

8. Om: ‘iuris descensus,’ line 27

9. Supra ii, 136, infra iv, 308

10. Om: ‘furiosi et mente capti’

11. Supra iii, 270

12. Supra ii, 51