Bracton: Thorne Edition: English. Volume 3, Page 276

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Volume 3, Page 276

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[001] artificial day a man dies, whether by day or by night, he always dies, so to speak, on a
[002] day. Thus it is unnecessary to put into the writ [the words] ‘on the night he died,’
[003] for he always dies on an artificial day. For the heir to recover by the assise the
[004] seisin his ancestor had, some say it suffices that his ancestor was in seisin at some time
[005] during the day he died, though before his death, at some time during that day, he
[006] transferred the tenement to another by the causa of gift or some other, not only
[007] because of the [donee's] short seisin but because the ancestor was in seisin at some
[008] hour on the day he died. Hence they say that this satisfies the writ and the assise,
[009] nor is it necessary, they say, to inquire whether he died seised or not, since no such
[010] distinction is made in the writ. But in truth, whatever they may say, we must see
[011] whether he dies seised or not, because, though it says ‘was seised on the day he died,’
[012] he must die seised, otherwise the assise will fall, as may clearly be seen. For suppose
[013] that one is seised of a tenement as of a free tenement and in his demesne as of fee
[014] at dusk or at dawn and gives it to another, transfers it [to him] with the animus
[015] donandi, and he to whom it is given receives it with the animus retinendi and possidendi.
[016] The right joined with seisin in the person of the donor¹ immediately makes
[017] it the free tenement and demesne of the donee, and nothing remains with the donor
[018] except the bare lordship, since at one moment and at one time he transfers whatever
[019] he has to the donee.² If one so enfeoffed is in seisin at some hour of the day or night

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

[021] ³and does not at once use, that is not a matter of great importance, for one may have
[022] sufficient seisin though he does not at once use.⁴ [It is not of much moment, but it
[023] sometimes supplies⁵ a vestment, and after a fictitious gift makes seisin evident,⁶ as
[024] does, and in the same way, the taking of esplees.] Just as seisin joined with right
[025] gives a free tenement to the true heir when the inheritance descends to him, at once
[026] and without delay, at the moment they are conjoined,⁷ so seisin joined with right
[027] immediately provide a free tenement if they are transferred together to another by
[028] one who may give and who has the whole, that is, seisin and the right and the free
[029] tenement.⁸ He who has all these may transfer them all at once and without delay,
[030] if he wishes, without any retention or exception, so⁹ that nothing remains to him

Notes

1. ‘donatoris’

2. Supra ii, 134

3. Om: ‘De usu vero’

4. Supra ii, 125, iii, 125, infra 325-6

5. ‘praebet’

6. Supra ii, 125, 131, infra 325

7. Supra ii, 123, 124, 134, 185

8. Supra ii, 94, 123, 124

9. ‘ita’ for ‘vel’