Bracton: Thorne Edition: English. Volume 3, Page 287

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Bracton Online -- English

Volume 3, Page 287

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[001] a certain A. transferred land to B. in pledge until the same A. should return a hundred
[002] marks to the same B., with this added condition, that unless A. returned that hundred
[003] the land should remain to the aforesaid B. [and his heirs], no mention made of A.'s
[004] heirs. A. dies, the money being unpaid. A.'s heirs claim by assise. The creditor puts
[005] forward the agreement. And because the aforesaid A. did not pay in his lifetime, and
[006] the obligation was personal and does not extend to heirs, though they are prepared to
[007] pay the land will remain to the creditor and his heirs.¹ And so if the obligation was
[008] personal to the creditor, no mention made of the creditor's heirs. A tenement may be
[009] given to a creditor at farm and for a term of years subject to the condition that if the
[010] debtor dies within the term that the tenement remain to the creditor in fee or for
[011] life;² the agreement will be good, [Conversely, if a tenement is given in fee or for life
[012] and it is agreed that if the creditor dies within a certain term that what was given in
[013] fee or for life remain for a term or in fee to some other, the agreement is good.]³ and
[014] if at first sight [it seems that] when the debtor dies⁴ the assise of mortdancestor lies,
[015] because the debtor, in a way, dies seised as of fee, nevertheless the assise is nullified
[016] by the exception of agreement, and⁵ if the debtor's heir has the assise in the manner of
[017] an assise,⁶ the creditor or his heirs will have an exception of agreement against the
[018] assise,⁷ in the manner of a jury,⁸ on which, if the demandant by assise is unwilling to
[019] put himself, the action and assise will be denied him.⁹ And if the tenant is unwilling
[020] to prove, by a jury or in some other way, the exception of agreement he has put
[021] forward, he will thus lose [his] seisin, because he will remain undefended.¹⁰ If the
[022] creditor in the first case dies, or the debtor, or both, before the day of payment, the
[023] assise will remain in suspense until that day, and when that is past, depending upon
[024] whether payment has been made or not, it will either proceed or remain, nullified by
[025] the exception of agreement. If a tenement is given in this way, at farm and for a
[026] term on this condition, that if the debtor dies within the term the tenement may
[027] remain to the creditor for life or in fee, or conversely, [for life or in fee and] if the
[028] creditor dies within a certain term that what was given in fee remain to another¹¹
[029] for life, or what was given for life remain to him¹² for a term, the condition will be
[030] valid notwithstanding the assise, an exception of agreement being put forward and
[031] proved, as above. It may also be excepted that though such a one died seised as of fee

Notes

1. Supra ii, 74

2. Supra ii, 73

3. As below

4. Om: ‘vel creditor vel uterque,’ miscopied; infra line 26

5. ‘et,’ as Fleta, v, ca.5 (p. 290)

6. Om: ‘seisina ei concessa’

7. Infra 293

8. Supra 286

9. ‘ei,’ all MSS

10. Infra 288

11. ‘alicui,’ as supra

12. Om: ‘vel heredi suo’