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[001] It is clear that both demesnes and villeinages which can be called demesnes are
 [002] divisible, as are the services and homages of free men.1 Divisible also are several
 [003] chief messuages [or a single chief messuage] whether they are in different baronies
 [004] or not. For no one parcener by reason of primogeniture and seniority may claim
 [005] for himself all the chief messuages, though he has the privilege of first choice because
 [006] of seniority, as where there are several co-heir parceners and several chief messuages,
 [007] let the eldest choose first, then the next oldest, then the third and the fourth,
 [008] and so ad infinitum, as long as any chief dwelling remains. But if, though there are
 [009] several, there are not enough for each to have one, let those who have none be satisfied
 [010] to the value out of the common inheritance. If there are several left after each
 [011] has his own, let the eldest again have his choice, and then the next oldest and each
 [012] in turn, as was said above, and thus let the choice be made several times if there are
 [013] sufficient messuages. If [at the end] one is left without, let him then be provided
 [014] for as above. If, after choice has been made and each has a messuage, one still
 [015] remains, let that be divided among the parties, unless they agree that it may remain
 [016] entire to one and the others be satisfied to the value of their share out of other
 [017] things. [But what if], though there are several chief messuages, they are not
 [018] delivered at the time of assignment, [because] they are held for life in some way,
 [019] in dower or in some other, by grant of an ancestor? Let the eldest then choose
 [020] first, as before, either a messuage that is delivered or one which is not, and let
 [021] him who is without a messuage be assigned temporarily something to the value in
 [022] place of it, in tenancy, until his own is delivered him.2 3If a free sokeman dies
 [023] leaving several heirs who are parceners and the inheritance is partible and has been
 [024] divisible since ancient times,4 let the heirs, no matter how many there are, have
 [025] their equal parts, and if there is but one messuage let that remain entire to the
 [026] eldest, provided that the others receive an equivalent in value from the common
 [027] inheritance. If the inheritance has not been divisible ab antiquo, let the whole then
 [028] remain to the eldest. If it is a villein socage local custom must then be observed.5
 [029] There is a custom in some places that the younger be preferred to the older, and
 [030] conversely.6 When a free tenement is held by military service and there are several
 [031] co-heirs and but one chief messuage, let it be divided among them according to
 [032] what is fenced by a moat or hedge7 [and]

Notes

1. Infra 277; services but not homages: infra 281

2. Contra in the case of a widow: infra 268

3-6. Glanvill, vii, 3: ‘Si vero fuerit liber sokemannus, tunc quidem dividetur hereditas inter omnes filios quotquot sunt per partes aequales, si fuerit socagium illud antiquitus divisum, salvo tamen capitali mesuagio primogenito filio pro dignitate aenesciae suae, ita tamen quod in aliis rebus satisfaciet aliis ad valentiam. Si vero non fuerit antiquitus divisum, tunc primogenitus secundum quorundam consuetudinem totam hereditatem obtinebit. Secundum autem quorundam consuetudinem, postnatus filius heres est.’; P. and M., ii, 270, n. 1, 275

4. Infra 223, 277, iv, 331

5. Hoyt, Royal Demesne, 185

7. Infra 280

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