[001] of his ancestor because of some defect, as where livery has not followed in the life [002] of the donor, hence a confirmation made in the donor's lifetime will not be valid, [003] [nor is a confirmation made to one who is out of seisin of the thing confirmed good.]1 [004] And so if after the right has descended to him he has transferred all his right to [005] another, whether the thing is corporeal or incorporeal, as a right, as may be seen [006] by an example. A certain man gave the advowson of a church to a certain abbot, [007] whether with or without the tenement does not matter, and made him a charter [008] of gift. The donor died before the church had fallen vacant [and] the donor's heir [009] in some way presented to that church de facto and a clerk was admitted on his [010] presentation, so that the abbot's charter was void by non-use. The heir, being in [011] possession in this way, dies and transfers his possession to his heir, and the latter, [012] by some causa, transfers the manor to which the advowson is appurtenant to [013] another in fee, with all its appurtenances and without any reservation. The abbot, [014] since his charter is void, seeks from the heir who transferred, and who is out of [015] possession of the advowson, a confirmation of the gift made by his ancestor, the [016] first donor, that by a confirmation he validate the original gift made invalid and [017] void by non-use. He confirms it to him and thereupon the parties execute a fine [018] and chirograph. The church then falls vacant. The abbot and the second donee [019] present. The abbot says the presentation is his, and in proof tenders the charter [020] of gift of the ancestor and the confirmation of the heir and the fine levied. But the [021] donee says the presentation is his because he has that whole manor, with all its [022] appurtenances and without any reservation, of the gift of the aforesaid heir whose [023] ancestor presented after the making of the charter which the abbot puts forward, [024] so that the charter is void. To which the abbot replies2 that the charter is valid and [025] good, and if at first it was void through non-use nevertheless by his subsequent [026] confirmation the donor's heir makes it good,3 for he may supply all defects without [027] prejudice to anyone, which confirmation is strengthened by the fine and chirograph [028] which he shows. To which the donee replies that neither the confirmation nor the fine [029] that follows from it ought to be valid, for at the time the heir confirmed, and before, [030] he had given the manor to which the advowson is appurtenant to the donee, with [031] all the appurtenances and without any reservation, and since the confirmation was [032] made after the gift and transfer of his right to the other, and thus while he was out [033] of seisin, it ought not to be valid, nor ought the fine which follows from it, and hence [034] that neither the charter, since it is void, nor the confirmation made without seisin, [035] nor
Notes
1. Item nec valet ... confirmatio, from lines 4-5; infra 177