Of the causa of property, where one or an ancestor willingly demised a tenement to another for a term that has passed, where the action to recover the tenement is one of entry.
[003] We have spoken above of the causa of possession, which is determined by assises and [004] recognitions. Now we must speak of the causa of proprietas, which is determined by a [005] jury on the testimony and proof of those who can prove of their own sight and hearing,1 [006] where, that is, one claims seisin, his own or that of some ancestor, of a thing [007] which he willingly demised to another for a term of years or a term of life, and which [008] at the conclusion of the term ought to return to him, where the assise of novel disseisin [009] does not lie because he is not disseised wrongfully and against his will. Nor does [010] the assise of mortdancestor, because his ancestor did not die seised in his demesne as [011] of fee, because the other, he who held it for life, had the free tenement, which would [012] be otherwise if it were for a term of years, though for a term of a hundred years which [013] would exceed the life of man.2 This action lies not only against him who took the [014] thing for a term, but also against all who have their entry through him, to the extent [015] that the degrees and the time limitation permit. For it does not exceed the third [016] degree nor does the time exceed the testimony of one who saw and heard. And not [017] only against those who enter through such persons, but against others who enter [018] through those who cannot transfer without the consent of others, though they have [019] some right to transfer, as where a canon transfers without the consent of the bishop [020] and chapter,3 or a wife without the consent of her husband, and conversely, a husband [021] without the consent of his wife, [or] an abbot without the consent of the chapter. And [022] so if a cellerer or other procurator transfers without the assent of the abbot or prior, [023] or of the others whose assent is required in making a transfer. This action also lies [024] against all who have their entry through those who transfer without having a free [025] tenement or the right to transfer, where4 they are only in naked possession in the [026] name of others and transfer without the consent of their lords, as a guardian or bailiff [027] while someone is under age, or absent, or in prison, or of unsound mind, or in some [028] other way, as will be explained more fully below.5 And note that