he undertakes the journey, he transmits no seisin to his heirs because he does not  die seised.1[I say this if after the gift the donee is in seisin by livery at some hour of  the day.] The [same] may also be said of one whose ancestor is seised on the day he  assumed the habit of religion and makes a gift on that day, before the assumption of  the habit; let his heir take nothing by the assise because an ancestor who was seised  did not assume the habit. Thus it is evident and is true that no one except that heir  whose ancestor dies seised will obtain by the assise. And it is clear that he who gives  and has the power to give transfers the right he has, whether it is the possessory  right or the mere right; that is, if he gives what is his own he provides the other with a  free tenement at once; if he gives another's property he does not. What seisin ought to  be called firm and good, and what tenuous, may be seen above in the title on gifts,  where [more] on this matter may be found.2 The writ also speaks of the term of  limitation,3[let the same be done as above in the other assises.]
If he is the nearer heir.
 The writ also has the words and if such a one is the nearer heir, in which connexion  we must consider the differences between heirs and their kinds. [The matter of  legitimate heirs and bastards belongs to the tractate on bastardy, when bastardy is  put forward by way of exception.]45<He may be called the first or nearer heir whom  no one antecedes, the last whom no one follows.6 The word heir refers not only to the  next heir but to those further removed, for the heir of an heir and so on is included  in the term heir.>7 Here we must explain briefly who are sons and heirs, who are  sons and not heirs, and who are neither sons nor heirs.
Of the kinds of heirs.
 It is clear that some children are sons and heirs, as those born of lawful marriages  and sprung from a father and mother (or one of them) having an inheritance, because  heir is derived from inheritance, not inheritance from heir. Conversely,  there are sons who are not heirs, as where no inheritance descends, from the father's  side or the mother's.8 One may be a son and heir on the father's side only, when the  inheritance descends only from the father, not from the mother, and thus he is the  mother's son but not her heir, and conversely if the inheritance descends only from  the mother.9 If it descends from both he will then be the son and heir of both. As one  may at the outset be a son and heir of one or of both, as was said, so he may cease to  be a son and heir, as where the father and mother or one of them makes a gift of  the whole inheritance, leaving nothing
1. B.N.B., no. 1563 (margin): Nota quod potest quis esse seisitus die quo iter
[arripuit] et eodem die dare et ita non mori seisitus in itinere