in the number of fish, as though of a rent certain, as in money. And if she cannot distrain,  the assise of novel disseisin will lie since distress fails. 1<One may have a free  tenement because he is in possession (provided he is in possession in his own name)  though it is by disseisin or intrusion, against all who have no right, but not against the  true owner, unless he has2 it for a time which may suffice for title, with long, continuous  and peaceful seisin.> 3<One may have a firm seisin against some persons, as  against non-lords, at once, and a tenuous and weak seisin against true lords, and thus  a free tenement against some and not against others.> <A villein in a free status [is  free] against all, lords and non-lords, and one within the potestas of his lords against  non-lords, but not against lords, except in special circumstances.>4
Another division of tenements.
 Of tenements some are villeinages. Some villeinages are pure, others privileged. A  pure villeinage is one that is so held that he who holds in villeinage, whether he is free  or bond, will do from the villeinage whatever he is ordered, nor need he know at night  what he is to do on the morrow. 5He will always be liable for uncertain services, may  be tallaged at the will of his lord, high or low, and [must] give merchet for marrying  his daughter. He will always be liable for uncertain services, whether he is free or  bond,6 provided that if he is a free man he will do7 them in the name of the villeinage  not because of his person,8 nor will he be liable de jure to give merchet because that  does not fall on the person of a free man, only of a villein.9 If he is a villein he does them  all, by reason of the villeinage and his person.10 A free man, if he holds in this way,  cannot retain the villeinage contrary to his lord's will, but he cannot be compelled to  retain unless he wishes to do so.11 There is also a villeinage not equally pure, as where12  it is granted to a free man or a villein under an agreement, to hold for certain services  and customs, specified and expressed, though they are villein services and customs.13  Hence since it is a villeinage, if the free man, or the manumitted or privileged14 villein,  is ejected, they cannot recover it as a free tenement and the assise falls. But it is  turned into a jury to inquire into the agreement,15 because of the intention and consent  of the grantor, for if the plaintiffs here recover the villeinage no injuria will be  done the lord, because of his intention and consent, nor do the laws help him act contrary  to his consent, for if the lord can manumit and enfeoff his villein, a fortiori he  may enter into an agreement with him,