Bracton: Thorne Edition: English. Volume 2, Page 173

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Volume 2, Page 173

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[001] they may use them in the future. To this a triplication may be made by the other
[002] side, that though the others have thus been restored to the liberty they earlier
[003] lost by non-use, nevertheless in the interim, before the restoration, the lord king
[004] by his charter granted them the liberty they now have, and hence, since such
[005] liberty was so granted to them, the lord king could not restore to the others
[006] a liberty he had granted to them. Or he may say that though their charter is later
[007] in date and their liberty later in time, nevertheless they were first in use, and
[008] though perhaps they have lost their liberty, which they used and in the use of which
[009] they had priority, by non-use, and though both were restored, nevertheless they,
[010] whether they were first or not with respect to issue or use, were the first to obtain
[011] restoration. Thus it is submitted that in every grant of a liberty priority must be
[012] preferred, whether in issue, in use, or in restoration.

Of confirmations.

[014] Because gifts, though they are complete, sometimes are obstructed by heirs, a
[015] donee sometimes needs the confirmation of heirs, [sometimes of chief lords, as the
[016] lord king and others below,] as where,¹ when a gift has been made by a true lord, and
[017] dominion acquired,² with homage and due formality, there is a flaw in the gift, that
[018] livery did not follow in the life of the donor, so that it is imperfect; the gift, [even if]
[019] the donee has in some way obtained seisin after the death of the donor, will be invalid
[020] [though it is invalid, it is of some value]³ unless there is a confirmation by the heir;
[021] if he confirms it the gift becomes good. And so if one gives another's property, ⁴as
[022] where one holds a thing for life in some way, or for a term of years, or by reason of
[023] wardship or pledge or gage, and gives it to another,⁵ though the gift is valid ab initio
[024] between donor and donee it will not be good as against the true lord.⁶ [If he confirms
[025] it, the gift becomes good].

[What a confirmation is.]

[027] A confirmation is the affirmation of a pre-existing right and of dominion obtained,
[028] since to the first validity of the gift it adds nothing new⁷ but consolidates and confirms
[029] an old right,⁸ whether it is made by the true⁹ lord or collaterally by a non-lord.
[030] Hence if a gift made by a true lord is valid from the outset, a confirmation made by
[031] others will at once be valid, and so the rule will be true that where the gift is valid the
[032] confirmation

Notes

1. ‘ut si’

2. Dominion, or jus, acquired by the gift: supra 66, 157

3. Supra 50-51

4-5. ‘ut si quis ... alicui dederit,’ from lines 24-26

6. ‘licet valida ... confirmata,’ transposed to 174 at n. 1

7. Reading: ‘cum ad primam ... nihil novi attribuat’

8. Supra 106, 108, 111

9. ‘vero’