Bracton: Thorne Edition: English. Volume 2, Page 153

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Volume 2, Page 153

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[001] of Montbegon in the year and day he died was in seisin of certain lands, who said
[002] that the aforesaid Roger was not seised on the year and day he died because long
[003] before his death he gave that land to a certain John of Longevilers, who always
[004] thereafter remained in seisin until the death of the same Roger, cultivating the land,
[005] sowing the crops and taking the rents and esplees, also giving a fifteenth to the lord
[006] king. And then in the eyre of the same Martin in the same year, at Lancaster, the
[007] jurors were attainted by thirty-six knights of the counties of York and Lancaster,
[008] as is recorded at the beginning of the roll. And the thirty-six knights said that the
[009] same Roger came to the county of Lancaster and gave that land to a certain John
[010] of Longevilers by charter and delivered the charter to him in the full county court,
[011] but that Roger always remained in seisin until his death, took all the esplees and
[012] bequeathed all the movables, nor did he ever remove his bailiffs or servants, those
[013] he had earlier placed there, nor change his status in any way. Hence it was there
[014] decided that Roger died seised, and that the twelve of the county of Lincoln had
[015] sworn a false oath because they had testified to the contrary; and [note] that the
[016] first jury was convicted by the second. To the same intent in the same place, [the
[017] case of] the same Roger and Henry of Mare,¹ because the same Roger continued to
[018] take the esplees until his death. ²Suppose that when the donor and donee are thus in
[019] seisin together the donee gives the thing so given to another; quaere whether the gift
[020] is good. In truth it is not, because neither he nor his donee is put into vacant possession.
[021] If when donor and donee are both in possession the donor gives it to another
[022] and ejects the first donee, the latter will not recover because he did not have vacant
[023] seisin by himself, nor did he begin to possess since the donor did not cease to do so.³
[024] When both are thus in possession after the gift, donor and donee, and both withdraw
[025] from possession together, the will of the donor cannot be ascertained except by use,⁴
[026] because [by external acts internal motives are inferred]⁵ though when both withdraw
[027] the donor relinquishes seisin to the donee, he may nevertheless have the
[028] animus possidendi and retain civil possession,⁶ [Man judges according to the face,
[029] as man must, for only God looks upon the heart of man.]⁷ [It is He who knows the
[030] secrets of the heart⁸ and examines the sources of affection and the heart,⁹ for there
[031] is no secret before God.]¹⁰ and therefore [only] by use may the truth be made
[032] manifest.¹¹ ¹²If the donor has withdrawn from possession with the intention of
[033] returning, and, after he has put the donee into possession, soon afterwards returns,
[034] let him

Notes

1. Not in B.N.B.

2. New paragraph

3. Supra 131, 132, 151

4. Supra 95, 131, 150

5. Supra 131

6. Supra 107, 132, 150

7. Reg. i, 16:7; supra 130

8. Psl. 43:22

9. Apoc. 2:23

10. Ezech. 28:3

11. Supra 131

12. Om: ‘sed’