Bracton: Thorne Edition: English. Volume 2, Page 50

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Volume 2, Page 50

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[001] something further follows, that is, if something is done or not done. This kind of
[002] gift is only improperly described as one, since it is completely subject to a condition.
[003] Nor may it properly be called a gift if the thing is given with the intention
[004] that it at once become the donee's but if something be done or not done that it
[005] revert [to the donor]; it is rather an arrangement subject to a resolutive condition,²⁸
[006] as will be explained more fully below [in the portion on] conditional gifts.²⁹ How
[007] a gift ought to be [made] will be explained below in the title on the requirements
[008] of a valid gift.³⁰ ³¹Some gifts are rightful, others wrongful: rightful, if made of
[009] one's own property; if made of another's it will be wrongful and may be reclaimed
[010] by the true lord. Some gifts are free and absolute, others subject to a condition
[011] or suspended under a modus.³² Some are absolute and general, others restricted and
[012] circumscribed, as to certain heirs, others being excluded from the succession,³³ [or]
[013] to certain persons, as where a gift is so made,³⁴ [or if general at the beginnning is
[014] afterwards so restricted by agreement,] that the donee may not give or sell the thing
[015] given to certain persons,³⁵ or to none except certain persons, though indeed every
[016] man may give or sell to anyone unless a pact that he may not do so is introduced
[017] when the gift is first made.³⁶ Some gifts are begun but not completed, as where a
[018] gift has been agreed upon, an instrument drawn, and homage taken; all these do
[019] not suffice unless livery follows.³⁷ [If livery follows] a gift may be valid³⁸ though
[020] there is only a simple statement insufficient for a gift. A gift may be made with a
[021] charter or without one, for it may be valid though no charter has been made,
[022] provided it can be proved by other proper documents,³⁹ whence [it appears] that
[023] it is not enough merely to prove the charter unless the gift is proved as well.⁴⁰
[024] Conversely, the charter may be genuine and valid in itself and the gift incomplete,
[025] [and conversely.] A gift may be valid at the beginning and become invalid later,⁴¹
[026] and conversely.⁴² It may be valid at once as between some persons but invalid
[027] and in suspense as to others, as where one has given another's property, as was said
[028] above.⁴³ A gift may be so completely valid and perfect from its inception that it
[029] cannot be impugned or revoked; another, which at inception is [imperfect in]
[030] some respect,⁴⁴ begun but not complete, may be perfected and made whole by
[031] confirmation, as was said above, as where a gift was so begun but livery did not
[032] follow in the lifetime of the donor; by the confirmation

Notes

29. Infra 66, 71, 144

30. Infra 59, 62

31. New paragraph: further classifications of gifts

32. Infra 66

33. Infra 68

34. Reading: ‘vel certis personis, ut si fiat donatio’

35. Infra 55, 142, 145

36. Infra 64, 81, 287

37. Infra 64

38. ‘[valida] esse,’ as below; infra 62

39. C. 8.53.29: ‘et si sine scripto donatum quod fuerit, adhibita aliis idoneis documentis, hoc quod geritur comprobetur;’ infra 62, 108

40. Infra iii, 147. iv, 218

41. By force of condition: infra iii, 98

42. By ratification or confirmation: infra iii, 292

43. Supra 49

44. Reading: ‘est [imperfecta in] aliqua’