Bracton: Thorne Edition: English. Volume 4, Page 47

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Volume 4, Page 47

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THE WRIT OF RIGHT

Of the tractate on the writ of right.

[003] Having completed the tractate on assises and recognitions provided on the possessory
[004] right for the recovery of seisin, one's own or [that] of an ancestor [holding] as of fee,
[005] and also the tractate on pleas of entry, we must [now] deal with the plea on the right
[006] and the property, [for the recovery] of one's own seisin or that of some ancestor of a
[007] tenement or a right of which the ancestor did not die seised as of fee, where both
[008] rights, of possession and property, are brought to judgment and determined at the
[009] same time, as will be explained below where the reason why will be given. The plea of
[010] right takes last place in the order of pleas, because he who once loses in this plea,
[011] whether by judgment, the grand assise or the duel, will never have recourse to another
[012] action, because the exception of res judicata will bar him forever. The judgment
[013] rendered will be this, that the demandant recover his seisin to himself and his heirs
[014] quit of such a one, the aforesaid tenant and his heirs for ever. ‘By judgment,’ I say,
[015] because it is otherwise if it is by default, the distinction being sometimes made¹ [as
[016] below, of defaults.]² If one once sues by this writ of right, in any way whatever, as
[017] was said above, [that is], if it is impetrated in a case in which it is applicable,³ he will
[018] never afterward have recourse to an action on the possession, especially since the plea
[019] by writ of right includes both rights, possession as well as property, as was said a little
[020] above. Since the forms of writs of right are many, let us examine the formulae; first
[021] those which are sometimes determined in the courts of lords, of which this is the first.

Of the form of writs.

[023] ⁴‘The king to N., greeting. We order you without delay you do full right to such a one
[024] with respect to so much land with the appurtenances in such a vill which he claims to
[025] hold of you by the free service of so much a year for all service, and of which such a
[026] one deforces him. And if you do not do so, the sheriff shall, lest

Notes

1. Deleted

2. Infra 154

3. Supra ii, 297, 320

4. Glanvill, xii, 3