Bracton: Thorne Edition: English. Volume 4, Page 28

Harvard Law School Library

Bracton Online -- English

Volume 4, Page 28

Next

Go to Volume: Page:

[001] by his charter, which when put forward so testifies. If the demandant, when he
[002] answers to the charter, acknowledges it, that it was made, but at a time when it ought
[003] not to be good, since he acknowledges the charter, wherever and however made, he
[004] consequently admits the entry through such person, that is, through him or his ancestor,
[005] not by him whom he names in his writ.¹ The action therefore falls and the
[006] tenant sine die; let the demandant sue by another writ, as in the eyre of William of
[007] Ralegh in the county of Warwick, [the case] of Hugh of Aylmaresthorpe.² When a
[008] feoffment is objected and the demandant excepts against the charter, where he has
[009] proof of the entry, or at least a presumption, and both put themselves on a jury, let
[010] the recognition then be made by these words: ‘to recognize whether the aforesaid A.
[011] has any right or entry in the aforesaid land other than through the aforesaid B., who
[012] demised that land to him for a term which has passed, or if the same A. entered into
[013] the aforesaid land through the same B. who sold (or ‘gave’) it to him in fee by his
[014] charter, as the same A. says.’³ [If] he admits that the aforesaid B. first demised that
[015] land to him for a term and during the term gave it to him in fee by his charter,⁴ a
[016] recognition by almost the same words may be made if the parties, without proof and
[017] the production of instruments, freely put themselves on the jury. It may also be excepted
[018] against the demandant that another has a greater right than he who claims.
[019] Or that another demised, not he who is mentioned in the writ by error. Or that the
[020] term has not passed, or if it has with respect to the first instrument and the first agreement,
[021] the term was prolonged by another agreement and another instrument, which
[022] let him at once produce. He may also except against the demandant that the term
[023] exceeds the limitation in the assise of mortdancestor, and therefore proof fails.⁵ There
[024] are an infinite number of exceptions which there is no need to mention here, because
[025] more will be said of them below.⁶

Of the exception against entry, that [it] is through a person other than him named in the writ, and that the tenant may renounce the exception⁷ and vouch a warrantor, though that is [to his disadvantage].

[027] When the tenant excepts and says that his entry is not through him of whom the writ
[028] speaks, but another, if the demandant cannot contradict it, or if he denies it and the
[029] jury finds it to be true, the writ falls

Notes

1. Infra 41

2. Not in B.N.B.; roll extant

3. Supra 24, 25

4. Supra 27

5. Cf. infra 44

6. Infra 245

7. ‘et quod tenens . . . exceptionem, from preceding line

Of the exception against entry, that [it] is through a person other than him named in the writ, and that the tenant may renounce the exception7 and vouch a warrantor, though that is [to his disadvantage].

Notes

Of the exception against entry, that [it] is through a person other than him named in the writ, and that the tenant may renounce the exception⁷ and vouch a warrantor, though that is [to his disadvantage].