Bracton: Thorne Edition: English. Volume 2, Page 134

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Volume 2, Page 134

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[001] after the gift but before livery, the donor begins¹ to be insane, or no longer of
[002] sound mind or good memory, and livery then takes place; the gift will be good,
[003] because the donor's intention [to transfer], which he had before madness came
[004] upon him and which was not revoked, could not be changed once madness had
[005] come upon him,² [and because the donee never altered his will.]³ [And so] whether
[006] the donee puts himself in seisin with authority or without it, though if he had put
[007] himself in seisin on his own authority when the donor was of sound mind, or, if
[008] insane while he enjoyed lucid intervals, [and the latter] wished to revoke the gift
[009] he could well do so, because there was neither authority nor livery of seisin. If it
[010] is the donee who begins⁴ to be insane or of unsound mind, before livery but after
[011] the gift, [and livery then takes place], neither the gift nor the livery will be valid,
[012] for though the donor retains the animus transferendi the donee does not have the
[013] animus retinendi or recipiendi; thus the donor never ceases to possess because the
[014] donee may not begin to do so.⁵ ⁶One may begin to possess without livery, by long
[015] and peaceful seisin and continuous use,⁷ [and] though the other does not cease to
[016] possess,⁸ for as is said above, [not only] by liveries [but by] usucapions dominium
[017] and possession are transferred.⁹ ¹⁰[To what was said briefly above, that] seisin may
[018] be tenuous or firm and substantial, it may briefly be added¹¹ that it will never be
[019] tenuous where the right and the property and seisin come together, as where the
[020] right descends to one hereditarily and he puts himself into vacant seisin without
[021] dispute [‘Vacant,’ I say, animo and corpore; ‘without dispute,’ I say, according as
[022] the claim is rightful or wrongful];¹² he will at once have a free tenement by that
[023] conjunction, as was said above.¹³ And so when the right and possession are joined
[024] in one and the same person, and, being so conjoined, are transferred (no matter by
[025] what causa of acquisition) to another with the thing itself; he who takes immediately
[026] has both, and consequently, at the moment livery is made, has a free tenement.¹⁴
[027] But if a gift is made of another's property [acquired by] intrusion or disseisin.¹⁵
[028] or made contrary to an agreement or condition,¹⁶ possession will never there be
[029] firm and valid, but tenuous, until it gains substance through time, long and
[030] undisturbed which may suffice for title, especially as against the true lord.¹⁷
[031] Against the donor or seller, however, and others who have no right, it will be firm and
[032] valid, [with respect to such because it is made¹⁸ a free tenement at once, at the
[033] moment livery is made,] and thus as against some [possession] will be valid ab
[034] initio but as against others invalid and tenuous.

Notes

1. ‘inceperit’

2. Infra iii, 270

3. ‘et ex quo ... voluntatem,’ from lines 5-6

4. ‘inceperit’

5. Supra 124, 133

6. New paragraph

7. Infra 156

8. Supra 128, infra 158

9. C. 2. 3. 20

10. A supplement to supra 123

11. ‘addendum’

12. ‘sine contentione . . . iniuriosa,’ from lines 22-3

13. Infra 185, iii, 276

14. Supra 123, 124

15. Supra 101

16. Supra 123, infra 142, 145

17. Om: ‘vel contra conventionem et condicionem’

18. ‘facta sit’