Bracton: Thorne Edition: English. Volume 4, Page 314

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Volume 4, Page 314

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[001] to an assise of mortdancestor, and to other writs and pleas, whether corporeal things
[002] or rights are claimed, with respect to everything of which the minor's ancestor did
[003] not die seised in demesne as of fee, ¹ ²<because, conversely, he will not answer with
[004] respect to anything of which his ancestor did die so seised.> If a minor loses during his
[005] minority by an assise of mortdancestor, in a possessory plea, when he comes of age
[006] he will recover by a writ of right in a proprietary plea. A minor will answer within
[007] age for another's act as well as his own, with respect to restitution, not as to the
[008] penalty, as where³ his father or other ancestor, whose heir he is, committed a disseisin,
[009] since he succeeds immediately to a tainted thing, [if after the death of his
[010] ancestor an action is brought against him by writ of entry.]⁴ He will also answer
[011] on occasion on a bond made by his ancestors in the king's court, by counsel of the
[012] court, as where his ancestor bound himself to answer another on a certain day, or if
[013] he should die, bound his heirs [to do so], whether of full age or within age, as [in the
[014] case] of the heirs of John of Monmouth against the king.⁵

When a minor is impleaded he need not answer before he is of age as to anything of which his ancestor, whose heir he is, died seised as of fee.

[016] A minor impleaded within age will not answer as to anything of which his ancestor,
[017] whose heir he is, died seised as of fee;⁶ [and because, as was said above, he sometimes
[018] is bound to answer within age and sometimes not, without prejudice to him an inquest
[019] may be taken while he is under age to determine whether his ancestor died
[020] seised as of fee, to himself and his heirs, or only for a term of life or years, or as of
[021] gage or in wardship or the like;] if he is forced to answer as to such while under age,
[022] he is aided by this writ, that he need not answer before he is of age, because the estate
[023] of a minor ought not to be changed. ⁷[when the inquest has been taken, the plea will
[024] either remain or proceed.]

Writ that a minor not answer while under age.

[026] ‘The king to the sheriff, greeting. We order you not to implead (or ‘allow to be impleaded’)
[027] such a one, said to be within age, with respect to his free tenement in such
[028] a vill, until he has reached the age at which he may and ought to answer for the tenement
[029] according to the law and custom of England. Witness etc.’ If one vouches a
[030] minor to

Notes

1. Supra iii, 302, 303, infra 315; B.N.B., i, 95-8

2. Supra i, 421

3. ‘ut si’

4. Supra iii, 44, 157

5. Not in B.N.B.

6. Supra 225

7. Continued from brackets above