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 Вracton and his Relation to the Roman Civil Law. ever. He goes on to tell us that under the first class of contracts, or re, the condictio certi de mutuo could be brought. That is just what the civil law prescribes as the proper action. He also informs us that the condictio certi can be brought in every case where a certain thing is demanded to be restored, whether by a certain or an uncer tain contract; by which he means either under a nominate or innominate contract. This also is according to the civil law. In certain cases in innominate contracts, where a certain thing was sought to be returned rather than the performance of the stipula tion, instead of adopting the action prescriptis verbis, a condiction could be brought, — usually the condictio ob causam. He next says that there are four kinds of contracts which give rise to the condictions of this sort, and gives the four classes of innomi nate contracts, do n1 des, do ut facias, facio HÍ des, facio ut facias, as above set forth, in the same order and in the same words as given in the Pandects (see ff. 19, 5, fr. 5 in pr.) and by all the civil law writers. In all of this portion of his work he is simply ex pounding the Roman law, but without the least reference to book or title or any other source or authority whence he derives his law. The petitoria hereditatis actio is that which is brought for an inheritance, and is brought by those to whom a mere right has descended from their ancestors, as by the nearest heirs. The possessory action or demand (petitio) for an inheritance is to recover one's own possession, and which is called actio nnde vi, is that by which a person ousted of his possession is restored to it, and may be called an assize of novel disseisin. So, in like manner, the demand of the possession of another, — that is, of a thing formerly possessed by another, as one's ancestor, — by some tenant whose ancestor died seised as of fee, and which is called aclio quorum bonornm, or assise mort de ancestor, is called a possessory action.

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Here we find the petitory and possessory actions of the Roman law in force in Eng land. Bracton calls the process actio utide vi and actio quorum bonornm, which were termed interdicts in the Roman law; and although they had the force and effect of actions, were not such technically, but in the modern civil law are termed actions. The possessory action to recover one's own possession of property, or the interdict unde vi, is called by the Norman name of assize of novel disseisin; and the interdict quorum bonorum is also changed in name to assize of mort de ancestor, but the nature of the action and its use are but little changed. In his Chapter IV., fol. 103 b, Bracton lays down the law of actions arising ex malcfitio. He says the actio or condictio furfi is brought by the owner of the thing against the thief and his successor, and against all detainers of the thing. The actio vi bono rum raptorum is given to the owner of things for movable things taken away by force or robbery, or to him from whose custody they were surreptitiously taken, when he has settled with the owner so as to be entitled to sue. Thus he goes on to define the following actions, all of which he defines according to the Civil Law; to wit, Aclio legis Aquiliae, Actio injuriarum, Actio quod metus causa, Actio dolo, Interdict unde vi, or assize of novel disseisin; Inter dict quod vi aut clam; Interdict de itinere actuque, in which he refers to the praetor. The Civil Law was the source from which Bracton derived most of his law on actions. In fact, on fol. 114 he explains the preju dicial actions, and also concurrent actions, — in which, if more than one is brought for the same thing, the plaintiff can be forced to elect; and here he for a rarity cites the Pandects several times. His mode of cita tion is different from the old Continental writers. Thus, he cites Dig. book xiv. title 4, law 9, § 1, as F de tributoria actione, L quod in herede, ff. Eligere, which Conti nental jurists formerly would cite as 1. 9, § 1, ff. de tributoria actione. His mode of