Bracton: Thorne Edition: English. Volume 2, Page 108

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Volume 2, Page 108

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[001] ¹Gifts are sometimes made in writings, [though if there is no writing it is no less
[002] valid, provided it has other proofs,]² that is, in charters, for perpetual remembrance,
[003] because the life of man is but brief and in order that the gift may more
[004] easily be proved.

Of the kinds of charters.

[006] ³It is clear that some charters are royal, others private. Of the royal, some are
[007] private, some common, some universal.⁴ Of the private, some are of absolute and
[008] unconditional feoffment, others of conditional feoffment or feoffment subject to an
[009] agreement. [A charter] may be drawn in accordance with each of the various kinds of
[010] feoffments. Some are charters of acknowledgement, absolute or subject to a condition;
[011] others of quitclaim, others of confirmation: [On this matter may be found
[012] below [in the portion] on final concords.]⁵ of absolute feoffment, [that is], of simple
[013] feoffment, without any addition;⁶ of conditional feoffment, as where a condition is
[014] attached to the gift, as may be seen above;⁷ of absolute acknowledgement, as where
[015] a tenant acknowledges that the thing he detains which is being claimed from him, is
[016] the demandant's right; or conversely, where the demandant acknowledges that the
[017] thing the tenant holds is the tenant's right, to hold of him or of another.⁸ Of absolute
[018] quitclaim, as where the demandant remits and quitclaims absolutely to the tenant
[019] the land he claimed as his right. There is also a charter of confirmation, which only
[020] strengthens and confirms the deed of another, adding nothing new,⁹ though sometimes
[021] it confirms and adds. ¹⁰Charters that are private and unconditional, of an
[022] absolute gift, remain to the donee and his heirs. Those that are common ought to
[023] be duplicated, that each may have his portion, or if not, deposited in a third hand
[024] to be produced to each of the parties when required. If it remains in the donee's
[025] possession, when he claims something from the donor which he denies, or as to
[026] which there is doubt, let the donor, because of his interest, demand its production,
[027] and let the donee either produce the instrument or be denied his action. If it is
[028] the donor who claims and the donee who denies, let him either produce the
[029] instrument or be without defence. A charter may [also] be common if land is
[030] given for a term of years or to farm. It may be common for another reason, and in
[031] perpetuity, as where one gives a thing to another reserving some part of it to
[032] himself, as where one gives a manor saving to himself the fourth part, or [part]
[033] of its appurtenances, as where he gives the manor reserving the advowson

Notes

1. Supra i, 126 (full collation); this portion, to 110, n. 15, interrupts gifts for homage and service and is wrongly inserted; it should precede 111, n. 4

2. Infra iv, 195

3. Supra i, 126-31 (full collation); Richardson in Traditio, vi, 66 n.

4. ‘universalis’

5. Infra 140; no portion on final concords in the treatise

6. Supra 66, 106, infra 143

7. Supra 71

8. Infra 140

9. Supra 106, infra 111, 173

10. New paragraph