(514) reign of Edward III. who, having expelled fying nothing more than the gift of a fee, the Jews from the kingdom, converted the (donatio feudi). Co. Litt. 9. Crabb's Hist. building into a place for keeping the rolls Eng. Law, 95. The English "gift" has in and records of the chancery. Spelman. modern times been appropriated to signify Cowell, voc. Rolls. It is now called the the conveyance of an estate tail. 2 Bl. Rolls' Office in Chancery Lane, though in Com. 316, 317. But the Latin donatio is Latin the old name is sometimes retained. constantly used by Bracton in the largest Id. voc. Master of the Rolls. sense, including as well a conveyance in fee simple, (simplex et pura,) as that which was qualified or conditional, (conditionalis or sub modo). Bract. fol. 11, 17. Donatio simplex et pura; a simple and pure gift; one which, without the compulsion of any law, civil or natural, and without the intervention of any reward, menace or force, proceeds from the pure and gratuitous liberality of the donor, and where the donor in no case wills that what he has given, or promises to give, shall return Bract. fol. 11. Fleta, lib. 3, c. L. Fr. A gift. Britt. c. 34. See Done. (515) decease." 2 Bl. Com. 514. And this introduced by the later Roman emperors, definition is essentially adopted by Tilghand at first called donatio ante nuptias, (a man, C. J. in Wells v. Tucker, 3 Binney's gift before marriage,) it being made upon R. 366, 370. It is, however, too narrow the tacit condition that it should take in so far as it confines this species of gift effect when the marriage was celebrated, to cases of last illness, it being sufficient if and was never allowed after marriage. the apprehension of death arise from Justinian first allowed it as well after as other causes, as from infirmity, old age, or before marriage, and accordingly changed any external and anticipated danger. Dig. its name to donatio propter nuptias. Inst. 39. 6. 3. 3 Kent's Com. 444. This is 2. 7. 3. Bracton uses it as another name clearly shown by Gibson, C. J. from Jusfor the old English dower ad ostium eccletinian's Institutes, and appears also from sice, or dower according to the custom of the Digests, which are followed by Bracton. England. Bract. fol. 92 b. See Fleta, 2 Wharton's R. 17, 22. Inst. 2. 7. 1. lib. 5, c. 23, § 7. Dig. 39. 5 & 6. Bract. fol. 60. Fleta, lib. 2, c. 57. Calv. Lex. Jurid. 1 White's Lead. Eq. Cases, 614, (Am. ed.) A donatio causâ mortis is sometimes considered as a species of legacy, and it is always accompanied with the implied trust or condition that, if the donor lives, the property shall revert to himself, being given only in contemplation of death. 2 Bl. Com. 514. 2 Steph. Com. 103, note (p), and cases cited ibid. Ward on Legacies, 55, ch. i. sect. iv. Inst. 2. 7. 1. 1 White's Equity Cases, 602, 603. Id. 615, (Am. ed. note, where the American cases are given). It is indispensable to its validity that it be accompanied and perfected by a present delivery of the subject of the gift, according to the manner in which it is capable of being delivered. Id. 604-607. Id. 615-619, (Am. ed.) 2 Kent's Com. 445-448, and notes. See 1 Story's Eq. Jur. §§ 606-607 d. Donations or gifts of this kind are derived entirely from the civil law, and were introduced into England as early as the time of Bracton, who closely follows the language of the Digests. Bract. fol. 60. The first reported case on the subject of these gifts, is said to be that of Jones v. Shelby, in 1710. Prec. in Ch. 300.