the further question, whether the donee has used some part of it, is not to be  asked, for that inquest ought to be for [the donor and] the donee ought to obtain  nothing by it. 1We must always see what the principal object of the gift is, whether  land, an estate or manor, or a house, and then determine what sort of livery ought  to be made and how the thing should be used.> or because the time of harvest or  grape gathering2 has not yet come, [nevertheless] such seisin suffices for a free  tenement.3[If he gathers unripe fruit4 or cuts down trees, these are not considered  issues since they are to his loss rather than his profit.] The same may be said of  the pasturing of cattle, that it suffices for seisin, even seisin to the number owed,5  if he has the view and the affectus possidendi,6 though he does not immediately put  in a beast.
[If livery is not made].  If livery is not made, long and peaceful seisin and long use, though of another's  property, suffices for livery, to the extent of seisin and a free tenement, as where  one enters into a vacant thing possessed by no one, as into an inheritance not yet  taken up, for long possession suffices for livery and generates right.7 Where a  gift has been made and the donee puts himself in seisin without livery, on his own  authority, without the donor or his procurator or letters and a messenger, such  seisin is valueless, [for before livery a donor may change his mind, since the gift is  incomplete, and retain possession corpore and animo,]8 and if the donee keeps  himself in possession the assise of novel disseisin lies for the lord. But if, being of  sound mind though enfeebled in body, he afterwards ratifies the gift and approves  such seisin it is cured by the ratification.910The bare will of the donor suffices for  the livery of a corporeal thing11 to another, the [donee's] causa possidendi being  changed, provided the change is accompanied by some ceremony in order that proof  may not12 fail, as where one lets or grants a thing to another for a term of life or  years and afterwards sells or gives it to him; though he did not at first hold it by  that causa, since the lord permits it to remain in his hands for that (or some other)  causa it is made his.13 And so if he holds it by no preceding justa causa, 14as where  one is in possession of another's property by intrusion or disseisin and the owner  wishes it to be his, it will be his, though the true lord was not in possession.15  For it is taken [to be] by the will of the lord, as though by him and by his hand,  that [the thing] comes to the detainor, [that is], possession and dominion.
[What he who gives livery transfers].  It is clear that he transfers 16to the taker what lies with him who transfers, as  where one
10-13. Inst. 2.1.44; D. 188.8.131.52: Interdum etiam sine traditione nuda voluntas domini sufficit ad rem transferendam, veluti si rem quam commodavi aut locavi tibi aut apud te deposui vendidero tibi: licet enim ex ea causa tibi eam non tradiderim eo tamen quod patior eam ex causa emptionis apud te esse, tuam efficio; supra 104, infra 128
14-15. D. 184.108.40.206: Si rem meam possideas et eam velim tuam esse, fiet tua, quamvis possessio apud me non fuerit.; supra 104, infra 174
16-18. D. 41.1.20 pr.: Traditio nihil amplius transferre debet vel potest ad eum qui accipit quam est apud eum qui tradit. Si igitur quis dominium in fundo habuit, id tradendo transfert. Si non habuit ad eum qui accipit nihil transfert.