[001] how much or what is claimed in each,]1 or in another, yet it will be in one manor and [002] in the body of the manor, but not conversely, that whatever is in the manor is in [003] any [one] vill, because the vill does not contain or include the manor, but conversely, [004] the manor contains and includes all the vills. It may also be true that, though there [005] are several vills in a manor, the whole manor is known by the name of one of the [006] vills, though the whole manor cannot be included within the vill. Hence it is one thing [007] to say ‘in such a vill’ and another to say ‘in such a manor,’ because though the name [008] of the manor is stated, the claim will be uncertain and void unless the name of the vill [009] is specified in which the tenement claimed is, [if it is a vill other than and different [010] from that by which the manor is known,] since there are several vills in the same [011] manor. But if the tenement is in the vill by whose name the manor is known, the [012] claim is properly made if reference is made to the name by which the vill is identified, [013] not the manor, though the vill is in the same manor, because if reference is made to [014] the name as the name of the manor, the specification would be valueless, since there [015] are several other vills in the same manor. And with respect to the names of vills, [016] whatever is in one is not in another, though whatever is in all the vills is in one and [017] the same manor.
In as much as the demandant says ‘I claim this as my right,’ he must show by what right he claims, since there is proprietary and possessory right, and this may give rise to an exception.
[019] An exception also lies for the tenant arising from what the demandant says in his [020] intentio ‘I claim against such a one so much land with the appurtenances in such a vill [021] as my right.’ Here it must be noted that rights are of different kinds, one possessory, [022] another proprietary: possessory, with regard to a free tenement or a fee: a free tenement, [023] as where one holds for his life, for some reason; a fee, as where one holds as of [024] fee, to himself and his heirs. There is also proprietary right which is called the mere [025] right. Sometimes the right of possession and that of property are conjoined in one [026] person, as it is said ‘He puts himself on the grand assise with respect to dreit dreit,’ [027] and to whomever the right of property belongs, to him possession ought to accrue, [028] because possession follows the proprietas and not conversely. Sometimes the proprietary [029] right is separated from possession, because
Volume 4, Page 350
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