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[001] as to which the assise is arraigned on the right and the property, by a writ of right, of
[002] whatever kind, great or small, or a writ of entry, or by an assise of mortdancestor.1
[003] Restitution by the assise does not lie but falls completely because of the place, as in
[004] the demesnes of the lord king, that is, in privileged villeinages, where neither the
[005] assise of novel disseisin nor mortdancestor, nor any writ other than the little writ of
[006] right according to the custom of manors lies.2 [But in the demesne manors3 the tenants
[007] may sometimes be free and hold by military service, for homage and service, or
[008] in free socage,4 or by serjeanty, or by agreement,5 by grace of their lords, though it
[009] was a villeinage at the beginning, for one may make a free tenement or a military fee
[010] out of his villeinage if he so wishes.]6 Restitution by the assise does not lie because of
[011] the tenement, as where a free man holds a villeinage by villein customs and uncertain
[012] services, doing thence whatever is appropriate to villeinage.7 [Or] because of the
[013] person though the tenement is free, as where a free tenement is transferred to a
[014] villein by his lord to hold by free service,8 without manumission and a grant of liberty
[015] [and] without mention of heirs, for if heirs were mentioned it could be presumed that
[016] the lord wished him to be free, which would suffice for manumission.9 The reason for
[017] and the general rule in these two cases is this, that a free man because of his free person
[018] confers no freedom on a villeinage, nor conversely, does a free tenement change in
[019] any way the status of a villein.10 Restitution by the assise does not lie for one who
[020] holds at the will of his lord11 from year to year, because a certain and specified term
[021] is appointed [and] because by that he intimates that the grantor's will is annual, and
[022] thus there is no assise because of the specified term, as [in the roll] of the eyre of
[023] William of Ralegh in the county of Bedford, an assise of novel disseisin [beginning]
[024] ‘if Milo.’12 But if the tenement is granted in this way, ‘until he has provided,’ whether
[025] it is said to be at will or not, as long as the words ‘until he has provided’ are used, the
[026] thing given will always remain to the taker as a free tenement until provision is
[027] made,13 and if it is never made it will always remain to him14 in fee. 15<And the same
[028] may be said of land [given] for a term of years, as where it is said, ‘I grant to you so
[029] much land for such a term and I will warrant etc. And if you lose any part of it for
[030] lack of warranty I desire that you hold it beyond your term until I return to you
[031] what you have lost for lack



Notes

1. Supra ii, 297, 319, infra 79, iv, 284

2. Supra ii, 37, 90, iii, 34, 35; infra 108, 109

3. ‘dominicis,’ OB, as supra 34, infra 132

4. Infra 108, 132

5. Supra ii, 38, 90, iii, 34; infra 131, 132; Hoyt, Royal Demesne, 220, no. 19

6. Infra 108, 132

7. Supra ii, 89; infra 109, 131

8. ‘ad voluntatem domini,’ infra n. 11

9. Supra ii, 85

10. Infra 90, 127

11. ‘ad voluntatem domini,’ from line 17

12. Not in B.N.B.

13. Supra ii, 90, infra 50, 125, 127

14. ‘ei’

15. Supra i, 393


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