Bracton: Thorne Edition: English. Volume 2, Page 51

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Volume 2, Page 51

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[001] of the true heir, after his ancestor's death, after the right descends to him and not
[002] before, as below,¹ it is made valid and strong, for confirmation supplies every
[003] defect.² [On the other hand], a gift may be complete from the first yet in suspense
[004] until confirmed by ratification,³ as where a minor within age makes a gift,⁴ it will
[005] be in suspense until, at full age, he confirms it by ratification⁵ or recalls it by a
[006] restitutio in integrum.⁶ And so in many other cases. ⁷[Like that made by a minor,
[007] the gift of a lunatic is cured if, when once again of sound mind, he confirms or ratifies
[008] his gift.]

Who may give.

[010] We must see who may make a gift and who may not. It is clear that all who are
[011] not prohibited by law or right may do so. One who has reached his majority and
[012] is of full age ⁸[Also one under the age of twenty-one years, by special custom, as
[013] in the vill of [Dunwich],⁹ for there he who is sixteen years of age may make a gift.]
[014] may make a gift of any tenement, provided he is of sound mind, in seisin, and has the
[015] administration of his own affairs, [whether he is] the dominus of the thing or not, an
[016] old man or an invalid, a male or a female, a free man or (under certain circumstances)
[017] a bondsman,¹⁰ one who is legitimate or (under proper circumstances) he who is a
[018] bastard, [that is], when he has heirs of his body or assigns.¹¹ Also he who has the
[019] free tenement, as for his life, as well as he who has the property and the fee. And
[020] one may make a gift though he does not have the free tenement, provided he is in
[021] seisin by virtue of some justa causa, as for a term of years or by reason of wardship.
[022] And so though he has no justa causa, as where [he is in] by intrusion or disseisin,
[023] [for] when he is in seisin he may give to others, [though without effect,] and by his
[024] gift cause them to have the free tenement he himself does not have.¹²

Who may not give.

[026] We must see who may not make a gift. It is clear that all those who do not have
[027] the full and free administration¹³ of their affairs are prohibited from making gifts,
[028] as minors under tutelage or curatorship, who have not learned to govern themselves.¹⁴
[029] [They may receive gifts by their guardians' authority and

Notes

1. Infra 174-5, iv, 218; B.N.B. no. 467 (margin)

2. Infra 78, 94, 99

3. Cf. infra 59

4. Infra, iv, 312

5. C. 2.45: ‘si maior factus ratum habuerit’

6. ‘per in integrum restitutionem,’ as D. 4.4.6

7. ‘Item convalescit...habuerit,’ from lines 23-4

8. ‘Item donationem...annorum,’ from lines 24-7

9. B.N.B., no. 1899

10. Infra 88

11. Infra 75

12. Infra 57, 102, 127

13. ‘liberam administrationem’: D. 39.5.7. pr.

14. Infra 250