Bracton: Thorne Edition: English. Volume 4, Page 186

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Volume 4, Page 186

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[001] as was said above.¹ And so if it may lead to the grand assise. It lies wherever a corporeal
[002] thing is claimed which cannot be designated in another way, [that a thing
[003] certain may be brought before the court,] either directly or indirectly:² directly, as
[004] where land or some corporeal thing is claimed without the appurtenances, because
[005] of the certainty of the body, because the tenant may know at once whether he holds
[006] such a body, the whole or part or nothing. Indirectly, as where it may be designated
[007] in another way, by what amounts to a view, by which certainty may be had as to
[008] what and what kind of thing it is that is claimed, as where it is said, ‘I claim so
[009] much land with the appurtenances of which such a one recently died seised,’ or
[010] ‘which such a one recently warranted,’ or if he holds no more, ‘all the land which
[011] such a one holds in the same vill,’ or ‘in the county’ or ‘in such a place,’ or ‘which
[012] was seized into the hand of the lord king and replevied by the tenant,’ or ‘which I
[013] (or another) transferred to you,’ or ‘of which you committed a disseisin,’ or ‘which
[014] you hold of the gift of such a one,’ or ‘at the bail of the lord king’ and the like. It
[015] also lies in a plea of quo warranto. where the action is both in rem and in personam,
[016] by reason of the appurtenances, as of the escheats of the lord king from the lands
[017] of the Normans.³ It lies of tenements from which a rent issues; if it is claimed of a
[018] rent from a chamber or the like⁴ it does not lie, because a rent will not be a free
[019] tenement unless it issues from a tenement. The view lies of the tenement in which
[020] one claims common and the right of pasturing by writ of right, unless it may be
[021] designated in another way, as was said above, because he who is sued may have a
[022] tenement in which the demandant can claim no common. It also lies if suit is claimed
[023] from one who has several tenements in the same vill, that he may know⁵ and be
[024] certified by reason of which tenement the suit is claimed, or though he claims
[025] several the tenant owes only one, as may be seen [in the roll] of Trinity term in the
[026] second year of king Henry after the war in the county of Kent, [the case] of the
[027] Master of the Templars.⁶ [Thus] the view lies as to some rights, if the things or
[028] the places in which the rights inhere cannot be designated by what amounts to
[029] the views, as in common of pasture and the like.

Of the enrolment after the view granted.

[031] When the view cannot be denied, let the enrolment be made in this way: ‘A. claims
[032] against B. so much land with the appurtenances in such a vill as

Notes

1. Supra 183

2. Om: ‘nisi videatur’

3. Infra 188

4. ‘de camera vel huiusmodi’

5. ‘scire’

6. Not in B.N.B.