Bracton: Thorne Edition: English. Volume 4, Page 35

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Volume 4, Page 35

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[001] in dower of the inheritance of the aforesaid grandfather, as he says etc.’ Or in another
[002] way: ‘in which he has no entry except through C. to whom D. the grandmother of the
[003] same B., whose heir he is, sold it, who held it in dower, as he says.’ Or in another way:
[004] ‘Order A. that rightfully etc. he render to B. and C. his wife so much land etc. which
[005] he claims is the right and inheritance of the same C. and in which the same A. has no
[006] entry except through D. the former wife of the same A. to whom E. the former wife of
[007] F. demised that land, who had nothing except dower therein of the gift of the aforesaid
[008] F. her former husband and the grandfather of the same C. whose heir she is, as the
[009] same B. and C. say.’¹ If a procurator, as a cellerer or another, [without the consent of
[010] his abbot or prior, or]² an abbot or prior without the consent of the chapter and³
[011] bishop, or a chapter without the consent of the bishop, or some other whose assent is
[012] necessary, demises without assent, let this writ issue. If an abbot demises:

Writ if by an abbot without the assent of his chapter.

[014] ‘The king to the sheriff, greeting. Order such a one that rightfully etc. he render to
[015] such an abbot so much land with the appurtenances in such a vill which he claims is
[016] the right of his church and in which he has no entry except through such a one, formerly
[017] abbot of such a place, who demised it to him without the assent of his chapter,
[018] as he says. And unless he does so etc.’ If a cellerer or procurator, then thus:

Writ if by a cellerer or procurator without the assent of the abbot.

[020] ‘The king to the sheriff, greeting. Order such a one that rightfully etc. he render to
[021] such an abbot so much land with the appurtenances in such a vill which he claims is
[022] the right of his church and in which the aforesaid has no entry except through the
[023] cellerer (or ‘through the procurator’) of the house of the same abbot of such a place
[024] who demised it to him without the assent of the said abbot and his chapter, as he says.
[025] And unless he does so etc.’ And so if a canon demises without the assent of the bishop.
[026] Also if a wife demises without the assent and agreement of her husband: then thus:
[027] ‘which he claims is her right and inheritance’ or ‘the right and maritagium,’ or
[028] ‘which he claims is her rightful dower (or ‘of the rightful dower of the said woman’)
[029] which she had of the gift of such a one, her former husband, and in which the aforesaid
[030] has no entry except through the aforesaid woman, who demised it to him without
[031] the assent and agreement of the aforesaid husband, as he says. And unless he does so
[032] etc.’ If a bailiff demises without the consent of his lord, then thus: ‘in which he has no
[033] entry except through such a one, once his bailiff of such a vill, who demised it to him

Notes

1. This is the writ in B.N.B., no. 682 (Easter, 1232)

2. Supra 21, infra 40

3. ‘et’