Bracton: Thorne Edition: English. Volume 4, Page 318

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Volume 4, Page 318

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[001] since on the year and day nothing was claimed by the chief lord. If an action is sued
[002] with regard to a marriage, or other thing, as to which a minor is vouched to warranty,
[003] if his ancestor was seised of that marriage on the year and day he was alive and dead,
[004] he will [not] be answered by the minor within age,¹ as [in the roll] of Michaelmas term
[005] in the ninth and the beginning of the tenth years of king Henry in the county of
[006] York, [the case] of William de Carleton and Richard de Percy.² Another case with
[007] respect to a minor. If any one has made an agreement with his chief lord that his heir
[008] not be in wardship when he is under age or give relief when he is of full age, and such
[009] chief lord has a superior chief lord, and both tenants die leaving heirs within age and
[010] the wardship of the heir of the mesne tenant comes into the hands of the superior
[011] chief lord, the heir of the inferior tenant³ will not be freed from being in the wardship
[012] of the superior chief lord, or from giving a relief if he is of full age, despite the charter
[013] or agreement made with the mesne tenant, unless he can show that the charter has
[014] been so used, that an earlier heir has had the acquitance, so that by force of the
[015] agreement he did not come under the wardship of the superior chief lord or did not
[016] pay a relief,⁴ as [in the case] of the countess d'Lisle the chief lord and William de
[017] Crevequer her tenant and William de Honewelle his tenant, in which William de
[018] Crevequer was mesne between the countess and William de Honewelle.⁵ The rule
[019] that the estate of a minor ought not to be changed in corporeal things, applies as well
[020] to rights and liberties, as where one is granted the liberty of making something on
[021] another's property (or on his own), or of using and enjoying another's property, or of
[022] having [something] in another's property (or in his own): of making, [as] a sluice, a
[023] pond, a mill, a fishery or the like; of using and enjoying, as the right of passing over,
[024] driving over, leading water over, reaping, digging or the like; of having in his own
[025] property, [as] fairs, markets, gallows or the like, [as] toll and team. Though he to
[026] whom such rights are granted does not at once use, he nevertheless is in quasi-seisin
[027] and transmits that right to his heir, whether he is full age or a minor, and he is always
[028] taken to use until he loses by non-use, that is, until he is completely ejected and disseised
[029] so that he cannot use conveniently;⁶ if so, he transmits nothing to his heir
[030] except an action

Notes

1. ‘non per minorem infra aetatem respondebetur’

2. C.R.R., xii, no. 832; not in B.N.B.

3. ‘tenentis’

4. Supra ii, 148, 248

5. Not in B.N.B.

6. Supra ii, 159, 160