Bracton: Thorne Edition: English. Volume 2, Page 56

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Volume 2, Page 56

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[001] during marriage makes a gift to his wife and their children, or [to her] and the
[002] children of a former marriage; although the gift is ineffective as to the wife it will
[003] be good as to the children. ¹<And note that if a donor gives a curator to a minor,
[004] who then is in seisin in the name of the minor, and the donor subsequently puts
[005] himself back in seisin and dies so seised, the position of the minor will in no way
[006] be altered, he will retain [the land] against all. [A minor] with his tutor's authority
[007] may receive a gift and consent to a gift made to him,² but he may not, no matter
[008] on what authority, consent to the making of a gift by himself³ or to the re-admission
[009] of the donor to seisin. He can improve his position but cannot impair it.⁴ Nor can a
[010] tutor so given by a man convert anything to the use of another, donor or non-donor,
[011] but only to the use of the minor, for he must render an account to the
[012] minor when he comes of full age,⁵ or be removed if he maladministers and another
[013] substituted.>⁶

What things may be given.

[015] Now let us see what things may be given. [And here it must be noted that some
[016] things are corporeal, others incorporeal. A corporeal thing is one that can be
[017] touched and seen, as a lion, a farm, a robe. An incorporeal thing is one that cannot
[018] be touched or seen,⁷ whose possession is transferred from person to person in
[019] another way.]⁸ It is clear that one may give [another's property as well as his own]⁹
[020] [land] he has presently in hand by hereditary right [or as an acquisition by title of
[021] some kind, for life or in fee, whether he holds by himself alone or in common with
[022] another,] by the death of some one of his ancestors who held in fee. Also land he
[023] does not have if it may fall in in the future after the death¹⁰ of those who hold it for
[024] life by title of some kind. He may give it so that [[If] the fealty and service of those
[025] holding for life are attorned to the donee,¹¹ [and] if, after the death of such [life
[026] tenants], the donee secures first seisin and the heir claims, the donee will be given an
[027] exception against the heir;¹² if the heir secures first seisin the donee will be given an
[028] action against the heir¹³ [based on] the modus of his feoffor's gift. The action that
[029] lay¹⁴ for his donor does not lie for the donee, for though he may give the thing
[030] in the way described above he cannot cede his action to his feoffee.]¹⁵ ¹⁶the gift
[031] becomes valid at once, as was said above. He may also give a thing

Notes

1. Supra i, 374 (fol. 14b); belongs on 54

2. Supra 51-2; infra 94

3. Supra 52

4. Cf. Inst. 1.21. pr.: ‘placuit meliorem quidem suam condicionem licet eis facere etiam sine tutoris auctoritate, deteriorem vero non aliter quam tutore auctore.’

5. Inst. 1.20.7: ‘cum igitur pupillorum pupillarumque tutores negotia gerunt, post pubertatem tutelae iudicio rationem reddunt.’

6. Inst. 1.26. 11-12: ‘si fraudulenter gessisse ... eos qui fraudulenter tutelam vel curam administrant ... removendos’

7. Supra 39, 48

8. Infra 124, 159

9. Supra 51

10. ‘Item terram quam [non] habet [si] accidere possit ... post mortem

11. Infra 126, 128-9, 130

12. Infra 103, 105, 106

13. Infra 103; ‘by the assise’ deleted?: infra 129-30

14. ‘competiit’

15. Infra iv, 178

16. Om: ‘Item rem . . . quis et,’ a connective