Bracton: Thorne Edition: English. Volume 4, Page 288

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Bracton Online -- English

Volume 4, Page 288

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[001] in the same vill or in different ones; though the writ falls with respect to one of the
[002] knight's fees, it will nevertheless hold good as to the other, against the same person,
[003] because there are here different actions because of the different tenements, though
[004] but one writ. Similarly, there will be different actions, because of the different persons
[005] and things, where there are several tenants. On this matter may be found [in the roll]
[006] of Hilary term in the eighth year of king Henry in the county of Hereford, [the case]
[007] of Richard son of Godfrey.¹ Thus the writ either falls completely or will be good as
[008] to some and fall as to others. A writ falls, together with the action, by the death of a
[009] party, whether demandant or tenant. If there are several demandants or tenants
[010] who are co-heir parceners, having one right, by the death of one or several the writ
[011] falls, but not the action, for sometimes the writ falls but not the action, sometimes
[012] the writ stands with the action but is corrected, because² of error or defect, and sometimes
[013] the writ falls with the action, because wherever the action falls, the writ falls.
[014] Sometimes the writ is good and the action is deferred, because wherever the action
[015] holds the writ holds, though it may sometimes be corrected because of error. Sometimes
[016] the writ falls but the claim is changed into another touching the same thing,
[017] but by another writ, as is explained briefly above, on the possession and the property.³
[018] [With respect to the statement that sometimes the writ stands together with the
[019] action, but is corrected because of error or defect, [we must speak] of the error of
[020] the impetrator. It is clear that error may be manifold, that is, in persons and in the
[021] names and surnames of persons, in things and places, as in counties and vills and
[022] their names, as is explained above in the tractate on disseisins.⁴ But suppose that
[023] one is summoned in a real action in a county other than that in which the thing in
[024] question is, where the person summoned has no tenement or fee; though the sheriff
[025] presides over two counties, as is true of the sheriff of Essex and Hertford, [if] he is
[026] called in the writ the sheriff of Essex only and the thing claimed is in the county of
[027] Hertford, the writ falls. But if he is named sheriff of both counties it is good. If it is a
[028] personal action, it seems that the writ still ought to be good though the person
[029] summoned

Notes

1. B.N.B., no. 227; no roll extant

2. ‘propter; as below

3. Supra 285

4. Supra iii, 79