last feoffee enfeoffs the first feoffor, such feoffment may not stand, no more than  if one had enfeoffed another of land for his homage and service and the same  feoffee had enfeoffed his feoffor, for he then would be lord and tenant of the same  tenement at the same time, which cannot be, any more than one may be lord and  heir.12A confirmation made by one who may invalidate another's gift bars any  reversion,3 as does homage and service accepted without any confirmation, as  where4 one is enfeoffed by a person who may not make a feoffment, the land to be  held of him who may invalidate the gift, and the latter accepts the homage and  service;5 it is otherwise if the donor retains the homage and attorns the service  to the true lord, [to be done] for him by the hand of his donee.67<And because just  as a tenement may fall [to a lord] in demesne, so may it in service,8 nor may he  waive that any more than the tenement itself.>9 <But suppose that one has enfeoffed  another for a service certain, namely, ten, and he in turn enfeoffs another for a  smaller service, namely, five. Quaere whether the principal feoffor ought to have the  service due, namely, ten, and also, as his escheat, the five, thus both, or only one,  that is, ten or five.10 Suppose, on the contrary, that the principal has enfeoffed for a  smaller service and the feoffee enfeoffs over for a greater. Strict law requires that he  have both, for one is his escheat and the other is due by the terms of his feoffment,  for which the tenement is bound. But the tenant would be burdened wrongfully  were he held to both, for his feoffor is bound to acquit him and it is to his place that  the superior chief lord succeeds. Equity finds a place here, that the lord suffer no  damage and have at least his full service, reckoning the smaller service, that is, five,  in the total of ten. In the converse case, where the lord has enfeoffed for the smaller  service, that is, for five, and his tenant for the greater, the lord will have the greater  as his escheat, the smaller, namely, five, being reckoned in the greater service of  the tenant, that is, ten.>
Whether a gift may be made to bondsmen.
 Now we must see whether a gift may be made to bondsmen as it may to free men.  In that connexion we must first ascertain whether they are within the potestas of  their lords or beyond it and in a free status, either manumitted or fugitives. Then  whether the gift is made by the lord in whose potestas they are or by another. If  by the lord, then whether with manumission11