Harvard Law School Library

Bracton Online -- Table of Contents


Volume 2


The needs of a king. 19

The author's preamble. 20

Laws command and forbid. 21

What law is and what custom. 22

What jus is. 23

Addicio. 24

What jurisprudence is. 25

What private law is. 26

What the civil law is. 27


That all law relates either to persons, things or actions. 29

What bondage is. 30

Who may be called free and who freeborn. 31

Of the hermaphrodite. 32

The king has no equal. 33

Those who are not sui juris. 34

How paternal potestas and seignorial potestas are extinguished. 35

Bondsmen are under the potestas of their lords. 36

Free men in the manor of the lord king. 38


Things and the classification of things: the first division. 39

Some things are public. 40

Some things belong to no one. 41


How the dominion of things is acquired by the jus naturale or the jus gentium. 42

When bees are in hives. 43

Of accession made by human action, by joining together materials. 45

Of accession made by natural and human forces jointly. 46

Things are acquired by specification. 47

This belongs above with the matter on the classification of things. 48

Of acquiring the dominion of things by gift inter vivos. 49

Who may give. 51

To whom a gift may be made. 54

What things may be given. 56

What things may not be given. 57

What the requirements of a valid gift are. 59

Writ of the same kind: whether he is compos mentis. 61

That the thing given be certain. 62

That a gift be free and not extorted. 64

Gifts subject to a modus. 67

Gifts may be made subject to a modus with a condition attached. 69

If a gift is made subject to a condition. 71

If a gift is made because of a precedent act or causa. 72

That a condition prevents descent to right heirs. 73

If land is given to a bastard alone or in maritagium. 75

If land is given in maritagium; how a gift in maritagium is made. 76

Some maritagia are free. 77

Some maritagia are not free. 78

That a maritagium reverts for failure of heirs. 81

Whether a gift may be made to bondsmen. 84

If a gift is made to a bondsman within the potestas of his lord. 86

If a gift is made to one beyond the potestas of his lord. 88

Whether a bondsman may make a gift. 90

A gift made in free alms. 93

A gift made to the several bastards of a concubine. 95

Whether a husband may make a gift to his wife during marriage. 97

Whether a felon may make a gift after the felony. 99

If a gift is made of another's property. 101

By a gift one causa possidendi is sometimes changed to another. 104

If a gift is made of a thing excepting some portion of it. 105

A donor may impose a law and a condition on a gift. 106

If a gift is made for homage and service or for service alone. 107

Of the kinds of charters. 108

That the justices must not question royal charters nor pass upon them. 109

The words of charters. 111

Of services and customs to be performed. 112

Forinsec services. 114

The warranty clause. 117

The credit to be given charters and other instruments if impugned in court. 119

How possession is divided. 122

Of liveries. 124

How livery must be made. 125

If livery is not made. 126

When the donee begins and the donor ceases to possess. 130

By what persons possession may be acquired for us. 135

Where a gift of a single thing is made to several, together or successively. 137

In what ways possession may be lost. 140

Gifts subject to a condition or a servitude. 144

How one ought to use his seisin. 149

How possession once acquired may be lost. 154

How possession and dominium may be acquired by usucapion. 156

How possession of a right not subject to livery is acquired by long use. 158

How one ought to use his servitude in common of pasture. 160

How one ought to use a right to present and how seisin is transferred. 161

Of liberties and who may grant liberties and which belong to the king. 166

If one has troubled another contrary to liberties granted by the king. 170

Of their reply to the plaintiffs' claim. 171

Of confirmations. 173

When one may make a confirmation. 174

Of gifts inter mortuos and mortis causa. 177

Wills. 178

On acquiring dominion by purchase. 181

Of letting and hiring. 183

Of the use of clothing. 184

Who ought to be called a lawful heir. 185

How bastards are legitimized. 186

Of the differentiation of children. 187

The nature of heirs, who are near and who nearer, and their seisin. 188

What may make one a nearer heir. 190

Nearer heirs may be many as well as one. 194

Degrees of kinship and succession. 195

Of those who ought to succeed others and the order of succession. 199

Writ ordering the constable to receive her into his castle. 202

Writ that the sheriff cause her to come before the justices at Westminster. 203

Of one who raises another in his house as son and heir who is neither. 205

Where partition ought to be made among co-heirs. 208

Writ for appointing justices to make a partition. 209

Writ when the parties by common consent choose others to make the partition. 210

A writ on the same matter. 212

Writ where the knights appear but the sheriff is negligent. 216

Writ where an extent has been improperly made. 217

Writ to produce the bodies of extenders so they may certify. 219

Writ to the sheriff for giving seisin to co-heirs after partition. 225

Homage. 227

What homage is. 228

When. 229

From what things. 231

By what persons. 232

What should be ascertained before homage is done. 233

If a lord wrongfully defers or refuses to take his tenant's homage. 240

Who is bound to relief. 245

Whether relief ought to be given from socage and how much. 248

Whether relief is payable from a fee farm and how much. 249

Of the wardship of heirs. 250

Of the heir of a sokeman, in whose wardship he ought to be. 254

Of the marriages of heirs and to whom the marriage ought to belong. 256

When one's fee is so delivered that the marriage of the heir belongs to the lord. 258

When there are several chief lords, both on the father's side and the mother's. 259

To whom a marriage belongs in the case of socage. 263

A provision applicable where one has ravished an heir. 264

Of gifts propter nuptias by way of dower and the constitution of dower. 265

When and where. 266

Of what thing. 267

How dower is to be assigned her. 276

That dower ought to be free. 281


Of actions and what an action is. 282

Whence an action arises. 283

If a stipulation is made subject to a condition. 285

The judicial stipulation. 286

Why stipulations and obligations were devised. 287

By what persons an obligation is acquired for us. 288

Obligations arise ex delicto or quasi. 289

The first division of actions. 290

Actions in rem for an immovable. 292

What a mixed action is. 293

Some actions are in simplum. 294

Of civil actions in personam; how they arise. 295

For whom the actio iniuriarum lies and against whom. 296

If one has withdrawn from an action in rem after having chosen it. 297

Of the kinds of punishments set upon men because of their iniquities. 298

Where civil actions are to be determined. 300

Where and before what persons civil actions are to be instituted and proved. 302

Of the judge's power. 304

For what purpose a king is created; of ordinary jurisdiction. 305

Why there are justices and of delegated jurisdiction. 306

Of the kinds of justices. 307

Of the power of justices. 308

Of the oath the justices shall swear when they have received the office of judge. 309

Writ patent on the same subject to all the justices together. 310

Writ close to the sheriff to cause the assise to come. 313

Writ if a justice of the bench is appointed sole judge with power to assume others. 314

Writ close to the sheriff on the same matter. 317

That suit must first be brought on the possession rather than on the property. 320

Failure in four cases. 321

Of the threefold action for things taken by force. 324


How the justices ought to proceed in their eyre and in what order. 327

The oath of the twelve knights chosen to speak the truth in a plea of the crown. 329

Of the crime of forgery and its species. 337

Of the concealment of treasure. 338

What wreck is; and concerning great fish, that is, sturgeon and whale. 339

If the sworn assises of the realm are not observed. 340

Of the office of coroners. 342

Of attaching the guilty. 343

Of those who are drowned. 344

Of breach of the peace and wounding. 345

Of an approver. 346

Where a man is found guilty by the inquest. 347

When a man fails in his purgation in court christian. 349

At the view of frankpledge. 351

Who may and ought to be outlawed. 353

How one ought to prosecute; at how many county courts. 354

Which cause of outlawry ought to be regarded as true and which as presumptive. 356

Where there was no cause. 357

The accessory is not to be exacted until the principal is convicted. 361

The ‘outlaw's friend’ who knowingly harbours an outlaw. 362

He forfeits the things pertaining to right. 363

Another writ on the same matter for the restoration of land. 365

Another writ on the same subject. 366

He forfeits nothing before he has been convicted. 367

Inlawry: how outlaws after outlawry are admitted for good reason to the peace. 369

Of inlawry and to what an inlaw may be restored. 372

Where there is no cause at all. 373

What a felon may forfeit. 374

The reason for devising murder-fines. 379

How the countryside is discharged of a murder-fine. 380

Of homicide through misadventure and accident. 384

That they may be sustained out of their goods. 385

That in waging the duel the justice must investigate everything with care. 386

No one is to take a stranger into his house except in broad daylight. 387

The things of which an appellor ought to speak in his appeal. 388

Several may be appealed of another's death just as one may be. 389

How those appealed ought to make their defence. 390

Where all the elements of the appeal are in order let the duel be waged at once. 391

Where one has appealed several of different mortal wounds. 393

If there is disagreement as to the record before the justices; what is then to be done. 395

The appellee may except against the appeal. Exceptions against the appeal. 397

Where the appellor has retracted his appeal; if he has made default it is otherwise. 398

When there is no exception let the duel be waged at once. 399

The oath to be taken on the field. 400

If the appellor retracts on the field. 401

If the first appellor against the principal dies or defaults. 402

One is protected from an appeal on account of mayhem. 403

Of the peace and woundings committed in breach of the peace. 406

The sheriff testifies with the coroners. 407

But what is to be said of one who castrates another. 408

Wounding is to be tried if there is no mayhem. 409

Where there is disfigurement and not mayhem. 410

B. comes and makes denial. 411

Of the criminal action of breach of the peace and robbery, and of appeals. 412

An appeal for malicious arson and robbery. 414

The words of the appeal of a woman complaining of rape. 416

Where the appellee is convicted by the country; the punishment that follows. 417

Addition. 418

The cases in which a woman has an appeal. 419

The attachment of appellees. 420

The writ for causing an appeal to come before the justices. 421

A writ to the effect that he be committed to the security of twelve men. 422

Of the action of theft. 425

Of the appeal of larceny. 426

The writ for causing a warrantor to appear by aid. 427

If stolen property is found in another's possession. 428

Of manifest theft and of an approver who confesses. 429

Of minor and less serious crimes sued civilly. 437

How one may suffer an injuria through his dependents. 438

A grievous injuria is assessed in many ways. 439

If the seizure is unlawful. 440

If the plaintiff complains of both seizure and detainer. 441

The duty of the sheriff. 442

If law is waged on both sides. 446

When one's beasts have once been released by judgment and seized a second time. 447


  • Of that possession called naked.
  • Of land which ought to revert for various reasons as an escheat to a chief lord. 14

    The writ of intrusion. 15

    The writ of attachment. 16


    How possession lost by wrongful force may be restored by the assise of novel disseisin. 18

    Of forcible disseisin, that is, of simple force without arms. 19

    For whom the assise lies. 26

    If a disseisin is done to several of a thing held in common. 30

    For whom the assise does not lie: of possession in the name of another. 33

    Against whom the assise lies and in what ways one falls into the assise. 40

    Against whom the assise does not lie. 44

    To whom the plaint ought to be made. 46

    When the plaint ought to be made. 47

    The plaint heard, let the king send the writ to the sheriff. 56

    The form of the writ of novel disseisin. 57

    If no one appears. 65

    Where the tenant held nothing or lied by saying that he did not hold when he did. 67

    On the questions to be put when the parties appear in court 68

    Of the form of the oath in the assise of novel disseisin. 72

    Of the manifold penalty of the disseisor. 75

    How the justices ought to inquire into the damages. 76

    The exception against the writ or against the jurisdiction. 77

    That error is manifold. 79

    Of error as to the person: the person himself or his office. 80

    Of error as to the thing. 81

    The exception where the writ has been lost. 82

    The exception against the person of the plaintiff; first as to status. 83

    Against whom. 84

    By whom. 85

    Of certain special cases. 93

    If one complains that he has been wrongfully disseised. 96

    Let him who raises the exception of villeinage have his proof ready. 106

    An exception lies against a plaintiff by reason of the person of the tenant. 118

    If one enters immediately after a disseisin. 120

    The exception against the assise: if wrongfully and without judgment. 121

    The exception against the words ‘he disseised him.’ 124

    The exception against the words ‘of a free tenement’ 126

    Of the classification of tenements. 128

    A common tenement. 129

    Of fisheries. 130

    Another division of tenements. 131

    That long-continued acquiescence is the equivalent of consent. 133

    An exception is given a tenant by reason of the tenement. 136

    An exception is given the tenant if there is an error in the name of the vill. 137

    The assise falls into perambulation. 139

    The assise falls completely because of uncertainty. 140

    If the causa of succession falls into the assise. 143

    If a gift falls into the assise. 144

    Matters which bar restitution by the assise. 148

    When a conviction lies and when not. 150

    If he who holds by the law of England alleges that he has been disseised. 151

    Where the assise is turned into a jury because of trespass. 152

    Bastardy also falls into an assise. 156

    Writ. 159

    If a termor is ejected from his term before its expiration. 161

    Of common. 166

    How common of pasture is lost after it has once been acquired. 167

    On the impetration of a writ of common of pasture when one has been disseised. 170

    On the duty of the sheriff. 171

    Of exceptions against the assise. 174

    The replication to the exception. 175

    Of the constitution of Merton by William of Ralegh, then justiciar. 179

    Of the admeasurement of pasture. 182

    Writ as to why one has surcharged, to the sheriff for execution. 183

    Writ brought before the justices on the same matter. 184

    Of the plea quo jure. 185

    Or wrongful nuisances; of servitudes. 189

    On wrongful nuisances and the appurtenances of appurtenances. 190

    Form of writ for justicing a person to permit another to have a right of way. 193

    Writ of fishery. 194

    If a market is established to the nuisance of a neighbouring market. 198

    Writ. 200

    Another form of writ on the same matter. 202


    Of the assise of darrein presentment. 205

    The writ of assise of darrein presentment. 206

    Writ that the sheriff cause the jurors to appear. 207

    Of the oath of the jurors in the assise of darrein presentment. 210

    When both parties appear in court let the plaintiff present his claim. 211

    Writ sent to the bishop. 225

    Of a tenant in dower who presents a clerk to a church. 226

    Quare impedit: When one is summoned to answer why he impedes. 229

    The writ of Quare non permittit. 230

    If the impediant is under age. 231

    If by agreement. 234

    Writ. 235

    A writ concerning four sisters, two of whom have husbands and two not. 236

    If there is recovery by judgment by reason of a farm. 237

    Another form of writ on the same subject. 238

    If the bishop does not admit a clerk on the command of the lord king. 240

    Of a prohibition while one is under age. 241

    Writ for summoning a bishop to show why he did not admit a clerk. 242

    When the bishop appears. 243


    Of the assise of mortdancestor. 245

    If the chief lord finds the possession vacant. 246

    The writ of the assise of mortdancestor. 249

    Another writ where there are several parceners demandants. 250

    The manner of proceeding after impetration of the writ, and of essoins. 252

    Of the form of the oath. 254

    The writ for having the bodies of jurors. 255

    Another writ of another kind. 256

    If the justices on their own authority write to the sheriff on behalf of the lord king. 257

    Of the exceptions and answers of the tenant against the assise, why it ought to remain. 258

    What is to be done if the original writ has not been shown because it has been lost. 259

    The writ for summoning a warrantor. 260

    If the warrantor defaults let his land be seized. 261

    The writ ‘while the tenant was in seisin.’ 262

    Another writ on the same subject ‘while the tenant was in seisin.’ 263

    Of the exceptions to be put forward against an assise of mortdancestor. 269

    ‘Was seised’; of seisin ‘on the day he died.’ 270

    In his demesne etc. 273

    Also ‘as of fee.’ 274

    The writ says ‘on the day he died.’ 275

    If enquiry is made in the assise as to the use of seisin, that is of no importance. 276

    If he is the nearer heir. 278

    Who is a nearer heir and why. 279

    We must see whether he holds the whole as the ancestor held. 280

    Of the tenant's answer to the clauses of the writ. 281

    ‘If such a one, the ancestor of such a one.’ 282

    ‘Was seised.’ 285

    ‘On the day he died.’ 290

    ‘If such a one is the nearer heir.’ 291

    Where the assise of mortdancestor does not lie. 294

    If felony has been objected. 297

    What kind of seisin bars the assise. 298

    If a minor sues against one of full age. 304

    If there are several tenants in an assise of mortdancestor. 305

    If felony is objected against the demandant. 306

    Of several different cases. 307

    Bastardy falls into the assise. 310

    The persons between whom an assise of mortdancestor does not lie. 311

    The exception of bastardy in an assise of mortdancestor. 315

    If an inquest of bastardy is taken in such an assise. 317


    Of cosinage. 318

    The writ of cosinage. 319

    Exceptions against the writ of cosinage. 323

    The form of writ for a rector. 327

    Whether damages are part of the judgment in an assise of mortdancestor. 328


    The assise for recognizing whether a tenement is free alms. 329

    Form of writ. 330

    Form of oath in this assise. 332

    Another form, in the manner of a jury. 333

    We must see what and how much the plaintiff has put in his view. 335

    Of the conviction or attaint of jurors who have sworn falsely. 336

    Who ought to take a conviction and a certification. 338

    When a conviction lies and when not. 339

    A conviction will lie in all assises except the grand assise. 340

    If there is error in the judgment or the oath. 341

    Who may take a conviction or certification. 342

    Writ for summoning the twenty-four. 343

    Of the oath of the twenty-four. 345

    What the punishment of those convicted is. 346

    Whether a conviction may be deferred. 348

    Writ when the assise is summoned to certify. 349

    Of summoning the twenty-four to certify, as in assises generally. 350

    Another writ on an assise of mortdancestor to convict twelve. 351

    That a conviction is not to be taken on a conviction. 354


    Of the action of dower and how dower is constituted. 357

    How the woman ought to set forth her claim. 358

    Of claiming the view. 359

    That the woman produce the warrantor through whom she claims dower. 360

    If the warrantor is in the fealty of the king of France. 361

    Of two women contending for dower. 363

    A writ for giving seisin to a woman when she has recovered dower. 365

    A writ that she recover and the heir provide escambium to the value to the feoffee. 367

    In a claim of dower age is sometimes awaited for a special reason. 368

    Writ where a woman has recovered her seisin of a specified dower. 369

    That a fine made in the king's court does not bar recovery of a specified dower. 370

    The exception that she was never married to such man. 372

    Of the duty of the ordinary. 373

    Writ for giving seisin to the woman when the inquest has found for her. 375

    That there shall be an inquiry by the country where suit and other proof is lacking. 379

    If an instrument is offered to prove the modus of the constitution. 380

    If she was endowed by consent. 381

    The writ for this purpose, that is concerning two wives. 384

    The justices were consulted as to the procedure in taking such an inquest. 385

    An exception lies against a woman by reason of her silence. 386

    Of the two women claiming dower by reason of one man. 387

    A writ to the effect that he was never so seised that etc. 391

    If the husband has aliened his land before marriage. 394

    If a man's son and heir commits felony before the assignment of dower. 396

    Of the woman's replication. 397

    If the dower sought, as to which an inquest is to be made, lies within two counties. 398

    If dower is acknowledged and rendered to her in court. 399

    Of formulating and putting forward the woman's claim. 401

    If a warrantor is vouched. 402

    Of admeasurement of dower in divers counties. 403

    When the parties are present let the plaintiff put his claim forward in this way. 404

    What belongs to a woman after the constitution and assignment of dower. 405

    The woman can answer to the waste. 407

    If a woman is convicted of waste, what penalty follows. 408

    If a guardian is convicted of waste; the penalty that follows. 411


    Writ if one demises for a term that has passed. 22

    Writ if the jurors ought to come before the justices. 26

    Writ if an heir claims that his ancestor demised for a term. 30

    Writ if dower has been aliened by a second husband. 34

    Writ if by an abbot without the assent of his chapter. 35

    If by a bailiff against the will of the lord. 36

    If one is in by intrusion. 37

    While he was within age and in wardship. 38

    Writ for pasture given for a term that has passed. 39

    A jury if without assent. 40

    Writ: if by a wife who had nothing except dower etc. 41

    If a jury is to be summoned before the justices. 42


    Of the tractate on the writ of right. 47

    The writ of right where land is partible; of socage. 48

    The writ of right to bailiffs of a soke or guardians of honours. 49

    The writ to bailiffs of boroughs. 50

    How the default of a court may be proved. 52

    When the plea has been transferred to the county court. 54

    If a warrantor is vouched in the county court. 55

    Let a prohibition issue to the guardian or bailiff. 56

    The writ of peace in gavelkind. 57

    On arraigning the assise when the plea of right concerns services and customs. 58

    Another pone concerning services and customs at the petition of the demandant. 59

    Because the duel is waged contrary to the custom of the realm. 60

    Of summonses after the plea has been transferred to the great court. 61

    Of the manner of proceeding after the summons. 64


    Of the excuses of him who does not come at a summons. 71

    The excuses of one who does not come to court after summons. 72

    Essoins of the service of the lord king of this side the sea. 78

    Who may essoin himself. 80

    If there are several demandants. 85

    If the attorney dies while the principal lord of the suit is upon pilgrimage. 87

    If a tenant vouches several warrantors or one. 88

    Who may essoin himself after the duel waged. 89

    When? 90

    The essoin of bed-sickness. 91

    When and in what way the essoin of bed-sickness ought to be cast. 92

    How often. 93

    To what writs the two essoins of difficulty in coming and of bed-sickness belong. 97

    Where a writ of right is turned into a writ of entry by the count and conversely. 98

    How essoins of difficulty in coming ought to be enrolled; of service of the lord king. 99

    If a warrantor is vouched. 100

    How essoins of difficulty in coming are judged. 101

    How the essoin of bed-sickness is enrolled. 103

    In whose person an essoin of bed-sickness does not lie. 104

    How essoins of bed-sickness are to be judged. 107

    How essoins of bed-sickness and of difficulty in coming are returned in order. 108

    Who are to be exacted in returning an essoin. 109

    How essoins of difficulty in coming are returned. 110

    What it is to warrant an essoin by oath. 111

    What is to be done if a mistake is made in the day given. 113

    Of the duty of the sheriff when he has received the writ. 115

    Enrolment if the viewers do not come. 116

    Writ for attaching the knights. 117

    Another writ. 118

    If one of the viewers is infirm or incapacitated, let another be put in his place. 119

    How licence to rise is to be sought. 122

    When the knights come to attest ‘languor.’ 125

    How the essoinee ought to keep ‘languor’ and how hold himself. 128

    How and when an essoinee ought to come to the Tower of London or send a responsalis. 131

    Of the appearance of the essoinee. 135

    Of the duty of the constable. 136

    Of the essoin of vill-sickness. 144

    Where the essoin of vill-sickness does not lie. 145


    Of those who are contumacious and do not appear in court after lawful summons. 147

    Excuses for one who does not appear. 148

    What ought to be done after default in a plea of advowson. 151

    What the procedure is if a default has been made. 153

    How a default may be cured by the service of the lord king. 155

    How absence is excused in many ways. 157

    If after default a love-day is taken. 159

    Who may remit a default. 160

    If a husband and wife claim and one defaults. 163

    The little cape: where one defaults after he has appeared in court. 165

    The form of the writ called the little cape. 167

    If one defaults in a mixed action. 168

    That the demandant may change his intentio in part. 171

    How the count of the descent to the demandant is made by single degrees. 172

    If the count ought to be made from the right line to the transverse. 173

    If an abbot or prior or other collegiate men claim by writ of right. 175

    To whom the right may descend. 177

    That no right can descend to a donee from the seisin of a donor or his ancestor. 178

    On claiming the view and why the view is to be made. 180

    If a right of advowson is claimed and there are several churches. 184

    If the right of advowson ought to be taken into the lord king's hand. 185

    Of the enrolment after the view granted. 186

    Writ for making the view, if of the whole. 187

    If view of common of pasture is claimed in a writ of right quo iure. 188

    If an inquest is made, then thus. 190


    Of vouching a warrantor after the view. 191

    Who may be vouched to warranty. 192

    If a minor is vouched to warranty. 193

    A minor is sometimes vouched to warranty without the production of a charter. 195

    If the vouchee denies the homage. 196

    Writ for taking land because of default. 203

    If several warrantors make default. 205

    If there are several warrantors, some of whom default and some do not. 207

    Take to the value from the warrantor's land: the little cape. 208

    If the warrantor has nothing whence to make escambium. 213

    If only homage. 216

    When one is not bound to warrant. 218

    That he is neither the feoffee nor his heir. 219

    If the vouchor held only for life; if certain persons are excepted. 220

    One is not bound with respect to his tenant's incumbrance. 223

    A warranty sometimes is suspended by the death of the warrantor. 225

    If one vouches two or more to warranty, as a husband and wife. 226

    Of him who ought to stand in the place of the heir. 228

    If the warrantor holds of the lord king by serjeanty. 232

    A case where one may have the principal thing and escambium as well. 233

    If one impleaded in England has vouched a warrantor resident in Ireland. 234

    If the inquest is by the witnesses only, by consent of the parties. 237

    If the enquiry as to priority ought to be made by witnesses and the country. 238

    If the witnesses are resident in divers counties. 239

    If the witnesses and recognitors do not come on the first day. 240

    A charter may be proved otherwise than by witnesses. 242

    If several instruments are produced. 243

    If he does not come, let the order of attachments be observed. 244


    Of exceptions. 245

    When exceptions are to be raised and when not. 246

    A replication lies against an exception. 247

    An exception may be proved in many ways. 248

    What forum the plaintiff ought to follow; what matters pertain to the secular court. 249

    The judge ought to decide whether he has jurisdiction. 250

    We have spoken of a case where there was consent; now where it is against his will. 252

    That he not sue. 253

    Writ of prohibition ostendit nobis, drawn by the justices according to the complaint. 255

    Another writ of a different kind in the same matter, if clerk sues clerk. 263

    A prohibition lies by reason of the persons concerned and the thing in question. 265

    When and in what matters a prohibition does not lie. 266

    A prohibition does not lie by reason of something accessory. 267

    Actions cannot be bequeathed. 268

    It will not lie for a recent spoliation. 269

    When one has been rightfully excommunicated. 271

    Writ for the attachment of judges if they proceed contrary to the prohibition. 272

    If by better pledges. 273

    When the parties have appeared in court. 274

    How the words of a wager of law are to be formulated. 276

    Concerning the answer of the judges. 277

    How an exception is to be raised against the jurisdiction of a superior justice. 278

    Against the jurisdiction of an inferior justice. 279

    The exception against the person of the justice and the reasons for recusation. 280

    Of the jurisdiction of greater and lesser judges. 281

    Of the exception against the writ; where it ought to fall and where it ought not. 284

    What a writ is, and which are original and which magistral. 285

    The exception against the demandant arising from his person. 293

    Who may allege bastardy. 300

    Against whom. 301

    An enquiry as to bastardy is sent to court christian by writ. 302

    The form of the writ. 303

    Writ when bastardy is raised against one in seisin. 304

    Writ that he was born before marriage. 305

    When the inquest has been made let the plea be at once resummoned by this writ. 306

    What the effect of legitimacy proved is. 307

    Also because of crime, if a man or any of his ancestors has been convicted of felony. 310

    If a woman of full age possessing an inheritance is married to a minor or conversely. 316

    Of proof of age by presumption, by bodily appearance. 320

    Writ to resummon a plea which remained without day because of minority. 322

    Of resummoning pleas put without day for other reasons. 323

    If for the king's service. 324

    If there ought to be a general resummons to the Bench. 325

    Exception against a demandant because his status is in doubt, for several reasons. 329

    The exception arising from the delict of spoliation, until he has been restored. 330

    That the parcener is in the allegiance of the king of France. 331

    If one of the parceners dies when all are named in the writ. 334

    There are some who hold in common but not as co-heirs. 335

    If a parcener is deaf or dumb. 339

    If an exception lies for the tenant on the thing itself. 340

    When he has had the view. 341

    The exception that he holds nothing therof. 343

    If he has been anticipated by the summons. 344

    If the tenant does not hold the whole because another holds so much of the appurtenances. 345

    Inquest whether he does or does not hold the whole. 346

    If the tenant acknowledges that he does not hold the whole in fee, only part. 347

    ‘In such a vill,’ it is said; we must see what ought to be called a vill. 349

    Several may have right, one a greater, the other a lesser. 351

    There are those who have as much right. 352

    An exception also lies because of silence, because he did not put in his claim. 354

    And when? 355

    Who is prejudiced when no claim was put in. 356

    Also if he is so infirm that he is unable to distinguish and has lost his memory etc. 357

    If the fine was made in secret, before the lawful time, that is, at least a month. 358

    The exception of fine made. 359

    Of a supposititious child. 361

    The reply to the foregoing exception. 362

    How we must proceed against those who are contumacious in a personal action. 363

    Enrolment after the default. 364

    Writ for attaching by better pledges. 366

    Writ that he be distrained by his lands and chattels, and further distresses, in order. 367

    If the sheriff has been negligent. 369

    Of the deceit of the sheriff. 370

    Writ that the sheriff not omit because of a liberty. 372

    If a clerk refuses to find a surety because of the privilege of his order. 373

    That the formal order of attachments is not observed everywhere or in every case. 377

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    Page last reviewed April 2003.
    © 2003 The President and Fellows of Harvard College