Bracton: Thorne Edition: English. Volume 4, Page 300

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Volume 4, Page 300

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[001] have restored the inheritance to him and others have refused to do so, excepting
[002] bastardy against him, the refusal is of no avail, nor is an enquiry to be ordered or
[003] sent to court christian, as [in the roll] of the eyre of Robert of Lexinton, [the case] of
[004] a certain Adam of Aston,¹ [where he] wished to send the plea to court christian, a
[005] ruling which was revoked and corrected by Martin of Pateshull.

Who may allege bastardy.

[007] We must see who may allege bastardy. It may be done by him who has the right to
[008] do so, as by the true heir against him who claims to be the heir when he is not, whether
[009] he who alleges it is the demandant or the tenant. Also one who stands in the place of
[010] the heir may raise it, as the chief lord when he is in seisin of the inheritance as of his
[011] escheat for failure of his tenant's heirs,² when there is no heir other than him who
[012] claims, who is a bastard. If there are several who claim to be heirs, it will not then be
[013] proper for the chief lord to object bastardy, for though it lies against the heir, it is
[014] not for him, to raise it, ³<And that it is not for the chief lord to raise it may be proved
[015] [in the roll] of Easter term in the twelfth year of king Henry in the county of Berkshire,
[016] [the case] of Robert Achard,⁴ unless the land ought to be his escheat, as in [the
[017] roll] of the eyre of Martin of Pateshull in the county of York in the tenth year of
[018] king Henry, an assise of mortdancestor [beginning] ‘if Ralph de Bulli.’⁵ But when
[019] the chief lord has once acknowledged the bastard as heir, or has returned part of
[020] the inheritance to him as one who is legitimate, if he later wishes to object bastardy
[021] against him he will not be heard, as [in the roll] of Hilary term in the fourteenth year
[022] of king Henry in the county of Middlesex, [the case] of the abbot of St. Albans and
[023] William son of Ralph.>⁶ because it lies for the true heir, against his brother or⁷ any
[024] other who claims to be heir though a bastard, whether there is a single heir or several
[025] legitimate heirs, or a single bastard or several such who claim to be heirs, whether
[026] they are tenants or demandants.⁸ If both are bastards, the demandant and tenant,
[027] and the demandant raises the objection of bastardy against the tenant and the tenant
[028] in his replication says the demandant is a bastard, the demandant must show that
[029] he is legitimate, otherwise he will take nothing, since here

Notes

1. Not in B.N.B.

2. ‘heredum’; supra ii, 195

3. Supra i, 420

4. B.N.B., no. 287; C.R.R., xiii, no. 733

5. B.N.B., no. 1859; supra iii, 156, 247

6. B.N.B., no. 394; C.R.R., xiii, no. 2774 (sidelined)

7. ‘vel’

8. Supra iii, 156, 247