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As late as Bracton, two centuries after the Norman conquest, the heir was not the successor to lands alone, but represented his ancestor in a much more general sense, as will be seen directly. The office of executor, in the sense of heir, was unknown to the Anglo-Saxons, /2/ and even in Bracton's time does not seem to have been what it has since become.
Again, the fact is clear that the assign got the benefit of the warranty to the first grantee, not of a new one to himself, as has been shown, and Bracton's explanation of how this was worked out falls in with what has been seen of the course of the German and Anglo-Saxon law, and with the pervading thought of the Roman law.
He did not care to enter, feeling a little guilty, although he explained on the way all about the matter. How devilish stiff Bracton's man was about it. And, by Jove, Sir! you know, what was to be said? for Lake, like a fool, chucked a lot of grapes in his face for nothing, by George!
'As easy as that, said Lake, chucking a little bunch of grapes full into Sir Harry Bracton's handsome face. Lake recoiled a step; his face blanched as white as the cloth; his left arm lifted, and his right hand grasping the haft of a table-knife.
Many lawyers' treatises throw light on matters far beyond legal technicalities. Bracton's book on the laws was translated, condensed, and rearranged by a writer of the next generation called Britton. It may be studied in a modern edition in NICHOLLS'S Britton on the laws of England, while Fleta, an almost contemporary Latin law book, must be read in Selden's seventeenth century edition.
Something may be made of Mark Wylder. He has some sense and caution, has not he? but Sir Harry is wickedness itself! 'Why what has Sir Harry done? That is the way you women run away with things! If a fellow's been a little bit wild, he's Beelzebub at once. Bracton's a very good fellow, I can assure you.
For instance: "It should be noted that of heirs some are true heirs and some quasi heirs, in place of heirs, &c.; true heirs by way of succession quasi heirs, &c. by the form of the gift; such as assigns," &c. /1/ If it should be suggested that Bracton's language is only a piece of mediaeval scholasticism, there are several answers.
Bracton's outrage was the cause of the entire thing and so help him Heaven, so soon as he should be on his legs again, he would make him feel it, one way or other. Buddle thought he was in so highly excited a state, that his brain must have sustained some injury also. So Buddle told him all that was yet known, and he listened very attentively.
It is obvious that the foregoing reasoning leads to the conclusion that a disseisor of the tenant would be bound as much as the tenant himself, and this conclusion was adopted by the early law. The lord could require the services, /1/ or collect the rent /2/ of any one who had the land, because, as was said in language very like Bracton's, "the charge of the rent goes with the land." /3/
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