Note 86 — Book II.

It will not suffice, says Bracton, simply to say, “I demand such Land, as my right,” unless the Demandant make out his right, and shew how, and by what means, it has descended to him. Neither will it suffice to allege, that the Ancestor was seised in his Demesne as of his free Tenement only, or in his Demesne as of Fee only, including, as it does, the freehold and whole possessory right, unless it be added, that he was so seised by right, which comprises the right of Propriety. Nor, again, will these two rights of possession and of propriety, or the droit droit, suffice, unless the Ancestor held the Land in question in his Demesne; for if he held it in service, it will not answer the purpose. Neither will it suffice, that the Ancestor was seised as of Fee, and in right, and in his Demesne, unless it be subjoined that he took the Esplees; because a momentary seisin is not sufficient, without a taking of the Esplees, to found a Suit touching the right of Propriety. Though all these requisites concur, it was still necessary to add the time of the king. (Bracton 372. b. 373. a.)