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[001] at the same time or successively, in as much as that was considered but briefly
[002] above,1 as where, after he has first enfeoffed one person and made him a charter
[003] of feoffment, taken his homage and put him in possession, whether the feoffee has
[004] used [the land] or taken the esplees or not, he, the same feoffor, when he is out of
[005] possession and has nothing that he can transfer over except service alone or, with
[006] the consent of the tenant, service and homage, enfeoffs another as he had the
[007] first and puts him into possession and ejects the first feoffee;2 both commit a
[008] disseisin, not only the donor but the donee. And so though they do not eject the
[009] first feoffee, if the second attempts to use the land without his consent, by ploughing,
[010] sowing, or doing work of some other kind. And so if by obstructing him in
[011] some way he does not allow the first to use the land, claiming that he is lord. To
[012] whom the gift with all its necessary elements is first made is of no consequence,
[013] nor who first uses or takes the esplees, but to whom livery is first made,3 [that is],
[014] which of the two first has seisin, with the consent and by the authority of the lord,
[015] by livery; [if] one has put4 himself in seisin on his own authority, he who has
[016] the authority and the livery is preferred.5 [Suppose that one has first transferred
[017] a tenement to one person to farm and for a term of years and afterwards enfeoffs
[018] another of the same tenement (all things necessary for a gift having taken place)
[019] and puts him in seisin; the gift will be valid and good, without prejudice to anyone,
[020] provided [the feoffee] does not hinder the termor from using and enjoying, for two
[021] possessions of the same thing are not repugnant to one another provided they arise
[022] from different causae, as a transfer to farm and a transfer in fee by way of gift,
[023] for the usufruct may exist per se in the person of one and the tenement in the person
[024] of the other;6 he who has the term has nothing but the right to use and enjoy in
[025] tenemento alieno and thus these two transfers, for a term and in fee, are compatible
[026] with one another. After the donor has thus, by livery, ceased to possess, [if] he then
[027] enfeoffs the farmer de facto, by such feoffment [he acquires nothing],7 though he
[028] may use and enjoy. [Though] he is in possession, the donor could not change his
[029] causa possidendi by such gift, that is, change his term into a fee, and hence if
[030] the farmer by virtue of such feoffment bears himself as lord he commits a disseisin
[031] to the first feoffee, and if he loses by the assise he loses both the term and the
[032] tenement, for by bearing himself [as] feoffee he is taken to tacitly renounce his
[033] term.]8 And what is said of two may be said of several successively enfeoffed.9
[034] 10<And what if the first



Notes

1. Supra 127-8

2. Supra 53, 92, infra iii, 54; service and homage: infra 237-8

3. Supra 127-8

4. ‘si se posuerit quis eorum’

5. Infra iii, 29

6. Supra 57, 92, 107, 128; infra iv, 22; B.N.B., no. 1290 (Br's exposition)

7. Supra 53, 92, infra iii, 54

8. Supra 53

9. The next sentence transposed infra 139, nn. 3-4

10. Supra i, 380. This continues the portion in italic brackets


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