a free tenement. He may hold, however, both by certain and specified services [and]  under an agreement, for life only or in fee, in which case the agreement and consent of  the lords gives him a free tenement,1 though servile works, tallages and other such,  are done, [But he may not give merchet on the marriage of a daughter, because  inter alia of the privilege of free blood.]2 since they are certain and fixed. Hence  in the demesnes of the lord king we must distinguish between freemen [and pure  villeins, and between free] villein sokemen who were born on the royal demesne and  have held in villeinage from ancient times,3 and those who are adventitious and hold4  by certain and specified services, like [those] of villein sokemen, though under an  agreement,5 whose condition is similar, though in one there will be a free tenement  and in the other a villeinage.6
Whether a bondsman may make a gift.
 We must now see whether a bondsman may make a gift. It is clear that he cannot  make a gift de jure of a tenement he holds in villeinage or in villein socage;7 if he does  so de facto the thing given may at once be recalled without writ, [not without writ  [long] after the event.]8 If a villein within the potestas of his lord [or beyond it]  transfers his acquired tenement to another before his lord has laid his hand upon  it, the gift is good, nor may it be revoked since by his negligence the lord has lost  his action.910If a villein sokeman wishes to transfer his villein socage to another,  let him first restore it to his lord, or to his bailiff if the lord is not present, and let  the transfer be made to the other out of their hands,11 to be held freely or in socage,  as the lord pleases, for a villein sokeman does not have the power to transfer since  it is not he who has the free tenement but his lord.12 From this it may readily be  seen that if he has been ejected the assise is not available to him but to his lord.13
If a gift is made to another for the life of the donor or donee.
 A gift may be made for a term or for a time: for a term, [that is], of life or years:  of life, [that is], for those of both donor and donee or for the life of one of them  only. For a time, that is, until or up to the time when provision is made for the  donee.14 It then is important whether it is the donor only who is mentioned or the  donor and his heirs. And whether it is the one or the other, whether provision ought  to be made for the donee only or the donee and
1. Supra 38, infra iii, 34, 39; Br. elsewhere takes another view: iii, 35, 108, 131