Bracton: Thorne Edition: English. Volume 2, Page 102

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Bracton Online -- English

Volume 2, Page 102

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[001] by disseisin or (if he has found the thing vacant) by intrusion. If while he is so in seisin
[002] he makes a gift, it will be good as between him and his feoffee and as against
[003] others who have no right, as was said above,¹ until revoked by him who has right.
[004] It may be another's with respect to all the elements mentioned above and the
[005] possessor's only to the extent of a bare use, or of having a servitude, to the extent
[006] of taking the usufruct for a term certain or at will, [or] of having its wardship or
[007] care, or other such arrangement, [yet] if, while they are thus in seisin of some kind
[008] and to some degree such persons make a gift, the thing given immediately becomes
[009] the donee's, as between donor and donee and as against those who have no right,
[010] but as against the true lord it will never be the donee's free tenement except after
[011] long and peaceful seisin.² Hence if the true lord, immediately after such feoffment,
[012] can put himself in seisin he may exclude all others from possession. ³A thing
[013] may be in small part one's own and in greater part another's, as where one has a
[014] free tenement in a thing and another the property and the fee, as where a doweress
[015] is in possession, or another holding for life by gift, or by the law of England, or until
[016] provision be made for him and the like. [If] such persons make a gift, since they
[017] have a free tenement [and] by the causa of gift transfer to the others what they
[018] have,⁴ they at once cause their donees to have a free tenement, and if they are
[019] ejected at once they will recover by the assise against everyone, except against
[020] the true lord, if he ejects them at once, [for] if he ejects such feoffees before they
[021] have time and long and peaceful possession, they will never recover against him,
[022] because [as against him] they have neither the seisin nor the time⁵ necessary
[023] for acquiring a free tenement, nor will their donors ever have their re-entry since
[024] they withdrew from possession animo and corpore and without expectation of
[025] returning. But if through his negligence or acquiescence they remain in seisin for so
[026] long a time that they may not be ejected without writ, when they are impleaded by
[027] the true lord they may vouch their feoffors to warranty, and, when [the gift] has
[028] been warranted them, hold for the life of their feoffors. After their deaths the owner
[029] will have his re-entry against them by writ of entry, provided there has been no
[030] confirmation of the feoffment by him, or by his heirs after the right has descended
[031] to them, [This is true, unless one says that those

Notes

1. Supra 51

2. Infra 127

3. New paragraph

4. ‘cum tales . . . habent,’ from lines 21-3

5. Reading: ‘quia [adversus eum] habent neque seisinam neque tempus’