[001] that is, because he whose tenement it was, [who] held it freely without any exception [002] or servitude imposed, enfeoffed him thereof by his charter, which let him put [003] forward at once if he so wishes. If [he is asked] by what warrant, let him at once [004] produce his feoffor, if he is present, that he may warrant him, or put forward his [005] charter of feoffment. If he is asked why he entered into his [the lord's] fee without [006] his license and to his damage, that is, so that he loses his service, the marriage of [007] the heir and the wardship of the land, the donee may show the reason why, and [008] answer1 as before that if he has sustained damage there is no injuria, since not [009] every damage presupposes a wrongful act. For he has from that tenement whatever [010] belongs to the lord of a fee by reason of homage or service, [and] though not [011] to as great advantage as when his tenant held the tenement in his own hand, [that [012] is, with respect to] the wardship of the land2 and the marriage of the heir, it suffices [013] if he has the relief, as the other of the two. It would be otherwise if when the gift [014] was made this servitude had been added, that the tenant not alien at all or not to [015] certain persons,3[If an alienation has been made contrary to the agreement and [016] the modus of the gift, 4[either the donee is in possession, or the donor,] or they [017] are both5 in possession, donor and donee. In that case, if the chief lord ejects the [018] donee, he will not recover by the assise, because he had not begun to possess since [019] the donor had not ceased to do so. If he ejects the donor, the assise is available to [020] him, since he never withdrew from possession. And let the same be done6 if [he [021] finds] the donor [in possession] by himself, before livery. If he finds the donee alone [022] in possession, after livery, and he ejects him at once, the ejectee will not recover [023] by the assise, for though as against his feoffor and others who have no right he at [024] once has a free tenement, he does not have it as against the chief lord because of [025] the modus and agreement placed in the gift,7 not, [that is], before the passage of [026] time, after long and peaceful possession.8[It would be unfair for possession to [027] remain with [the chief lord] (unless the agreement so provided) and he ought [028] therefore to be prepared to restore possession to his feoffee, unless he is willing to [029] give him its value or its price, [as much as he has sought [and obtained], or the [030] donee was willing to give,] especially if the donor acquired the tenement by purchase.]9 [031] But if the chief lord, being present, ignores the transfer for a long time, he [032] cannot eject the donee so as to prevent him from recovering; he will only10 have an [033] action on the agreement against his tenant, him who alienated, not the other, whether [034] he is able to pay or not. Hence if he has nothing
Notes
1. ‘respondere’ for ‘responderi’ and omit ‘poterit’: two sentences have been made into one
Volume 2, Page 142
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