of warranty. And as1 it may be that he will never return what was lost, the land may  thus remain to him in fee in perpetuity as his free tenement.> 2 But if he says until  he or his heirs provide, though he does not provide, it suffices if his heirs provide. If  he says, until I or my heirs provide for such a one, no mention made of his heirs, and  he is not provided for in his lifetime, the tenement will remain in fee, though the donor  or his heirs wish to provide for the heirs of the donee, for provision is here restricted  to the persons.3 Restitution by the assise fails by reason of the thing sought, as where  one complains that he has been disseised of a thing formally dedicated to God by  priests, as churches and cemeteries, for such things cannot be the property of anyone,  that is, of any individual person, only the property of God.4 If a thing of that kind  should be sought from another de facto by the assise, it may be turned into a jury to  inquire into the trespass,5 and if there was such both [will be] in mercy, the plaintiff  for his false claim and the trespasser for his act. [This will not be true of what is not  sacred, as free alms, for there is free alms and alms that are more free, as below.]6  Similarly, there is no restitution by the assise to any individual of tenements and  places which are quasi-sacred, as those which are the common property of cities and  universitates, as a stadium, theatre and other such things,7 [city] walls and gates,  public roads and streets, which are dedicated solely to some public use,8 and in which  no individual person by himself may vindicate any right; as to such things it is trespass  and not disseisin, because no individual person may be in seisin thereof, and one  cannot be disseised of what he cannot possess.9 Nor if it is said10 that he possesses  something therein by the jury into which the assise is turned, as above, in the first  case, will he retain anything by the finding, nor will the plaintiff recover anything  except the common use to which such places are dedicated, as [in the roll] of the eyre  of Martin of Pateshull in the county of Southampton for the taking of assises of novel  disseisin and gaol deliveries, [the case beginning] if Adam Gernun.11[There is more  on this matter below [in the portion] on trespasses.]12
Against whom the assise lies and in what ways one falls into the assise.
 We have explained above for whom, after a disseisin has taken place, the plaint and  remedy by the assise lies and for whom it does not. Now we must explain against  whom it lies and in what ways one falls into the assise. The assise lies against a free  man, a male or a female, one of full age or below age, a clerk