the damage of the minor, or from a church to a private person to the damage of the  church, which has the status of a minor,1 as in the county of Lincoln, [the case] of a  certain church in Holland,2 where land first was given to a parson and church and  his successors and afterwards the donor changed the gift from the church to private  persons, that is, to the parson and his heirs, which could not be, since it was to the  prejudice and damage of the church.> 3And how ought the donee to use his seisin,  for he cannot have vacant possession or use it by himself. And if the wife should  wish to resign her dower into the hand of the owner in order that he enfeoff her  husband that would be a prohibited gift, between husband and wife, and a fraud  perpetrated against the constitution [of dower],4 and if he should wish to attorn the  wife's service to her husband that would not be valid, since everything that is the  wife's is the husband's, nor is it the wife who is sui juris but rather the husband.  Thus it seems that the gift ought not to be good. But if the husband is in possession  after the wife's death and the donor or his heir claims, the exception of gift will bar  the demandant.5 If the husband is out of possession he will hardly obtain it by  an action.6 Nor if he dies first will his heir be given an action, since the wife never  changed her status.7 But suppose that a gift of the land she holds in dower is made  to the wife alone without her husband; it is valid and binding, a free tenement  being changed to a fee.8 If the gift is made to both and their heirs, either their  separate or their common heirs, the gift is valid, an alteration having been made  of the causa possessionis.
If a gift is made of a thing excepting some portion of it.
 A gift is [sometimes] made of a thing excepting some certain portion. 9[It then is  important whether that portion is excepted when the gift is first made [or later],  as where the donor says, I give you such a manor with the appurtenances, by  these words the whole manor is transferred. If he then augments his statement and  at once says except such part, that part is taken out, after the gift though before  livery. But if he says, I give you such a manor with the appurtenances, retaining  (or saving) to myself such part, it will then be otherwise, for then he transfers  nothing to the donee except what he intended to be transferred and the part  retained is and always was his own.]10[Hence if the donor's heir afterwards confirms  the gift, he confirms nothing to the donee except the thing as
1. Reading: vel de ecclesia ... ecclesiae (from lines 8-9) quae fungitur; supra 52, infra iii, 177, iv, 356
2. J.I. 1/482, ms. 14d, 34: infra v. The church involved is Br's own church of Gosberton; he is plaintiff in the second case. Information from Mr. C. A. F. Meekings
3. Continued from 104, n. 2; om: Item esto ... viri sui, a connective