Bracton: Thorne Edition: English. Volume 4, Page 340

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Volume 4, Page 340

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[001] Several co-heir parceners may also claim against several co-heir parceners; here there
[002] will be a single action because of the unitary right.]

If an exception lies for the tenant on the thing itself.

[004] If no exception lies for the tenant against the demandant arising either from the
[005] person of the demandant or from his own person, and that there is a judicial proceeding
[006] is established, by reason of the persons of the judge, the demandant and the
[007] tenant, since a proceeding is the threefold act of these three persons,¹ we must see
[008] whether any exception lies for the tenant arising from the thing claimed. If it is
[009] corporeal and an immovable, as land, a tenement or a rent issuing from a tenement,

The demandant must describe the thing he claims with its appurtenances.

[011] the demandant must at the outset describe the thing he claims, that is, what kind of
[012] thing it is, that it may be known whether he claims land or a rent [or a tenement] with
[013] the appurtenances. Also the quantity, whether it is large or small, [For he must bring
[014] a thing certain before the court lest the judgment be illusory or uncertain, for as to
[015] an uncertain thing a judgment certain cannot be given, though there may sometimes
[016] be a suit for an uncertain thing, the judge or justice, to the extent that it is possible,
[017] ought to give a certain judgment.]² as where he says ‘I claim against such a one so
[018] many manors,’ sometimes with the appurtenances, sometimes without; [or] ‘so
[019] many knights’ fees with the appurtenances,’ or ‘so many carucates,’ ‘so many virgates,’
[020] ‘so many acres,’ ‘so many selions,’ or ‘so many librates,’ ‘so many solidates,’
[021] ‘so many bovates,’ according to the variety of tenements and as the matter is stated
[022] in writs of right and entry, [provided that the narratio agrees with the writ, for if there
[023] is a departure and the declaration does not agree with the writ the demandant loses,
[024] because no variance is allowed. A variance sometimes is admitted, however, provided
[025] the sense is the same, as where the writ states that he claims two carucates, which
[026] are worth ten pounds³ a year and he says ‘I claim ten librates of land;’ he does not,
[027] on that account, withdraw from his writ, because he says what amounts to the same
[028] thing; it does not matter whether a thing is done or its equivalent.]

When the demandant has put forward his intentio, the tenant may see whether he holds the whole or not; hence he ought to have the view or what amounts to it.

[030] When the demandant has thus formulated his claim, the tenant ought to consider
[031] whether he holds all the land claimed, part of it, or

Notes

1. Supra ii, 302, iv, 179

2. Om: ‘Specificare . . . sic,’ a connective

3. ‘libras’