shall enheryte If a man haue landes in fee symple by discent fro his father / dye without yssue of his bodye / haue no heyre on the parte of his father / wherfore the nexte heyre of the parte of his mother pretendiÌg to be his nexte heyre / entreth taketh the profites / that heyre is bouÌden to make restitucyon to the lorde of whom the lande is holden for the lorde oughte to haue it by the lawe as his eschete But if a man purchase landes in fee / dye with out heyre of his body / thaÌ for lack of heyres of the parte of his father the heyres of the parte of his mother / shall haue the lande and nat the lorde by eschete If a man haue landes in fee by dyscent tro his mother / and he maketh a feoffament therof c. And feoffe maketh a lease for terme of lyfe to a stranger the remaindre iÌ the fee to him agayne and to his heyres And after he dyeth withoute heyre of his body / in this case the heyres of the parte of hys father shall haue the lande And if the remayndre in that case were that it shuld go to him and to his heyres of the parte of his mother / yet the remayndre shuld go to his heyres of the parte of his father for those wordes of the parte of his mother be voyde in the lawe / as they shulde be if a man wold infeoffe another to haue to him and to his heyres of the parte of his mother for the heyres of the parte of his father natwithstaÌding those wordes shal haue the lande / and therefore in both the seyde cases if the heyres of the ête of the mother entre iÌto the laÌde / they be bouÌdeÌ to restore it to the heyres of the ête of the father If a man that hath landes in fee by dyscent fro his mother / dyeseased / the landê discende to his son heyre and that son heyre dyeth without heyre of his body in this case / the heyres of the parte of his graundmother shall haue the laÌde And if either the heyres of the part of the father or the heyres of the ête of his mother entre / they be bouÌdeÌ to make restitucyon to the heyres of the parte of his graundmother A man hath two sonnes by seuerall wyfes / the one son purchaseth landes to him to his heyres / and dieth without heyre of his body if his brother in this case entre as heyre / he is bouÌde to restore it to hiÌ or her that is heyre to his brother on his fathers syde for the grounde of the lawe is / that one of the halfe blode shall neuer be heyre to him that he is but of the half blode vnto Also if a man holde .ii. houses of two seuerall lordes by heryote custome / wher the custome is that no heryote shall be payed but of quycke catell he hath no quycke catell but one horse dyeth / one of the lordes seaseth the horse after the other Lorde fyndeth the same horse / seaseth him as his heryote in this case he his bound to restore the horse to the lorde that fyrst seased him for by that fyrst seasynge he hath by the lawe of the realme right to the horse / the other hath lost his herriot for that tyme. And the same lawe is / if a maÌ holde .ii. acres of lande of .ii. seuerall lordê by knyghtes seruyce / by owelty of feffemeÌt dyeth / his heyre with in age in this case that lorde that fyrst seaseth the body hath rizt to it If a man holde an acre of laÌde of one maÌ by knyghtes seruyce by prioritye / an other acre of lande of another man by knyghtes seruyce by posteryoritye dyeth seased his heyre beynge within age / and the lorde of whom the lande is holden by posteryoritye / seaseth the body of the said infaunte as his warde In this case he is bouÌden to restore it to the lorde by prioritye for by the lawe the wardship of the body belongeth to him / excepte that the same auncestre holde any laÌde of the kyng by knyghtes seruyces for if he dyd the kynge shall haue the prefermente of the body by his prerogatyue whether the lande were holden of hym by prioritye or posteryorite in cheyfe or as an eschete If there be two ioynt tenauÌtes of a wode / the one of theÌ selleth al the wode / taketh the money to his owne vse in this case he is bouÌdeÌ to restore the half of that money to the other ioynttenauÌt for though the law gyue no remedy to the other ioynttenauÌt for it yet it wareÌteth nat him that hath the money / that he maye with conscyence retayne it If one ioynttenaunt take all the gresse and frutes to his owne vse / where els they shuld haue ben lost for laches of the other there he is nat bounde to restore any parte but if his felowe wolde haue taken his parte / the other wold nat suffre hiÌ / than he is bounde to restore hiÌ his ête And so it is / if one ioynte tenaunt or tenauÌt in comon / sowe the one half of the errable grouÌde leueth the other halfe for his felowe / whan the corne is ripe / his felowe taketh halfe of the corne / pretendynge that the halfe is his through all In this case he is bouÌde to restore the whole to him that sewe the grouÌde c. If a womaÌ haue goodê êsonall and also reall / as a lease for terme of yeres a wardship or such other and after she taketh a husbande / he dyeth after whose deth his executours taketh al the sayd chatels / aswell reall as parsonall / in this case the executoures be bounde to restore the wyfe of the chatels reall but nat of the chatels personall / nor no parte of them / her necessary werynge apparell onely excepted A man hath a maner / whereto comen is appeÌdaunt And also an aduouson / and he of his mere motyon maketh a feoffameÌt of the sayd maner / putteth nat iÌ these wordê cum êrineÌciis c. the feoffe occupieth the comen And also whaÌ the aduouson falleth void he preseÌteth to the aduouson in this case he is bouÌde to restore the feoffer for the aduouson But the comen he may lawfully occupye styll c. If the sonne be attaynted of felonye in the lyfe of the father / and after hath the kynges chartoure of pardon c. and than his father dyeth / seased of lande in fee symple and the soÌne so attaynted / entreth as heyre In this case he is bouÌde to restore the lande to the lorde of whome the lande is holden For though he haue his chartoure of pardon / yet his blode is so corrput by the attayndour / that he may nat be heyre to anye man And if the landes be entayled / he is bounde to let the kynge haue
them during his owne lyfe And than after his deth / the heyres of his bodye shall haue the landes accordynge to the fyrst gyfte c. If an infant make a couenauÌt to gyue one for his meate drinke for suche a certayne tyme / a horse / and whan he hath ben with him accordynge / he gyueth him the horse And also he selleth him another horse for a certayn some of money iÌ this case he is bouÌdeÌ to restore the last horse to the infant agayne / but nat the horse that he had for hys meate and drinke c. An infant of the age of .xx. yeres hauyng suffycient reason to ordre him selfe and his goodes / selleth a maner / with the money thereof bieth another maner that is of better value more profytable to him than the fyrst was / and after he entreth into the fyrst maner / bycause he was within age at the tyme of the sale in that case he is bounde to restore the money that he receyued for the fyrst maner / excepte the êfites that the byer receyued of the saÌe maner in the meane tyme / but the maner he is nat bouÌd to restore / for he hath rizt to it by the law of the realm A man maketh a feoffement in fee to another vpoÌ condicyon that the feoffe shall nat alyen the lande to none other êsone And if he do that it shal be lauful for the feoffour his heyres to reentre / after the feoffe alyeneth the lande contrary to his condicyon the feoffoure entreth in this case the feoffour is bounde to restore the lande to the alyene And the reason is bycause the seyd condicyon is voyde in the lawe A tenaunt for terme of lyfe doth waste in this case he is bounde in conscience to restore him in the reuercyon of the value of the thynge wasted / immedyately after the wast done But of the treble damages nâ of the lyeu wasted he is nat bouÌd to make restitue tyll it be recouered agaiÌst hiÌ by the law of the realme If a man dissease another dye seased his heyre eÌtreth / that heyre and all his heyres after hiÌ knowiÌg the wronge / be bouÌd to restore the lande to the disseysye his heyres and no prescription ne contynuaÌce of long possession can helpe in this If a man dissease another case dye seased his heyre entreth as in the case before remeÌbred after the disseasye dyeth without heyre generall or specyall in this case the heyres of the disseasour is discharged of any restitucioÌ as for the rizt of the lande to any êson for there is none that can clayme that right as heyre to him that the wronge was done vnto and the lorde of whoÌ the lande was holden can nat haue it by eschete / for the grounde of the lawe is / that lande shall nat eschete where the lorde hathe a tenaunt / vpon whom he shal be compelled to auowe / and therfore the right in this case shall extyncte to the tenaunte and also in some case a man maye haue right to lande and a tytle of entre also and yet if he dye without heyre the tenaunte shall nat be bounde to make restitucyon to the lorde by way of eschete as if an infant be disseased / and the disseasour dyeth seased / so that the lande descendeth to his heyre / after the infant dieth without heyre general or specyall in this case the heyre of the disseasoure is nat bounde to restore the lande to the lorde by waye of eschete yet the infant might haue entred And the dyuersyttes of these cases and of manye other lyke / depende onely vpon the groundes maxismes of the lawes of the realme / therfore if they be natte knowen / the right can natte be knowen But than in what maner a man that hath godes or landes wrongefully in any maner / knoweth nat to whoÌ he ought to make restitucyon / shall ordre him selfe for discharge of his conscyence haue ben dyuers opinyons / some men haue thoughte in tyme past / that if the party so bouÌden to restitucyon / opteyned a dispensacyoÌ fro Rome / that some porcyon therof shulde be dysposed in suche wyse / as it shulde be therein assygned that it shulde suffyce I thynke that no lesse porcyon than the whole coulde neuer haue suffyced But if a man accordynge to suche dispensacyon dysposed the whole value in suche vse as the dispensacyon lymyted I thynke it suffyced if the partye that shulde restore / thought the vse lymited in the dyspensacyon so charytable / that he thought his conscyeÌce was thereby dyscharged But if he thought a nother vse more charitable he might / yet may dyspose it accordingly if he wyll / and let the dyspensacyon alone And yet the people haue ben brought in belefe that in suche case restitucyon must of necessytie be made by auctorytye of suche a dyspensacyon / orels at the lest by counsell of his ghostly father And if it be so done / I wyll nat saye but that it is righte well done / so that the counsell satysfye the conscyence of him that shall do it But if they gyue counsell that suche goodes shall be dysposed in such maner / that after the conscience of him that must restore is nat most charytable / as for syngynge of trentalles / kepynge of obyttes / fyndyng of scolers / or such other And he therfore that muste restore refuse that counsell / and dispose it to suche vse as his conscieÌce serueth him beste to as percase to releue poore men in extreme necessytie to make high wayes / or such other lyke I thynke he taketh the better waye / and that he is therby clerely dyscharged in conscyence Howe be it if he take to hiÌ some of the clergye or some laye men in whose conscyence he hathe good trust to gyue him counsell therin I thynke he dothe the better / but that he shulde be enforced of necessytie either to dyspose it only after as suche dyspensacyon fro Rome haue apoiÌted in tyme past / or elles as some spyrituall counsell shulde appoynte and in non other maner there is no cause ne assured grouÌd why it shulde be so And I haue shewed you my conseyte in these maters before rehersed / to none other intent / but that I wold gyue you occasyon to helpe / if ye coulde to haue such maters ordered / here after in suche maner / as shall be thought most to the pleasure of god and to the helth of the soules of the people / al couetyce syngularytie layd aparte For surely right gret parcyalytie hath ben sene in suche maters in tyme past but yet there be some cases wherin many men and that such men as haue ben notably lerned haue douted in / whether restitucyon shulde be made to the partye that ought it or nat as in case that a man wyn money by vsury / or at dyse or
some of the clergye that as he thynketh be suffycyently lerned in scrypture / lyke as it is conuenyent in doutes of Physyke to aske counsell of doctoures of Phisyke / or in doutes of the teÌporall law to aske counsell of them that be lerned in the temporal law And if he in any dout of scrypture aske counsell of such clerkes as he thynketh be suffycyently lerned in scrypture / they instruct hiÌ other wyse than the true vnderstaÌdynge of the scrypture is / yet that suffyceth for him / so it be nat dyrectly agaynst the lawe of reason for that all men are bounden to knowe But syth they of the clergye haue auctorite by the gospell to preache the gospell / they ar more bounden to knowe the gospell thaÌ any other But than there be some other texttes in the scrypture that concerne the auctoritie / power / iurisdiction and rychesse of bysshops prestes as it is vpoÌ these textê QuodcuÌque ligaâeris c. Tu es Petrê° et suê hanc Petâam c. Tibi dabo claues c. Mat. xvi QuodcuÌque ligaueritis c. Mat. xviii Dic ecctie Mat. xviii Ecce duo gladii hic Luc. xxii c. Oraui ête Petre vt non deficiat fides tua et in aliquÌ coÌuersus c. Luc. xxii Pasce oues meas Io. xxi Predicate euaÌgelm oiÌ creature Mar vltio Nolite possidere aurum neque argeÌtuÌ Mat x. c. Qui noÌrenuÌcrauerit possidet oiÌaqÌ noÌ potest meê° esse discipulê° luc 14. sicut misit me prÌ ego mitto vos Io. xxi Quorum remiseritis peta c. Io. xx habeÌtes alimeÌta quibê° tegamur c. i. Timo. vi Nolite taÌgere christos meos ps 44. And many other which I here omit if a maÌ were in dout vpoÌ these textes / what power iurisdiction possessioÌs or lyberte the clergy ought to haue by the seyd textê or whether such actê lawê as haue beÌ made biÌ princes their people concernyng suche thynges were to be obeyd or suche other lyke Many men thynke that it were natte the most surest way to aske couÌsell therin of the lerned meÌ in the clergi / onles it were of some siÌguler elect meÌ that through speciall grace / haue seqÌstred their myndê fro the loue of all worldly honour riches for the affectioÌ to such worldli pleasures haue blynded the iugemeÌt of many of theÌ so soreê that they haue thought / the the mayntenaunce of the honour of the clergye hath ben a mayntenaunce of the honour of god And so as it were vnder a pretence to maynteyne the honour of god haue dyspleased god maynteyned their owne honour rychesse / farther than the seyde textes / or anye other parte of scrypture wyll warrant them to do This hathe ben sene in some of the clergye / but I truste it be nat so in all / neuerthelesse to speke somewhat further of this mater I thynke that if anye doute ryse vpon any text of scrypture / be it playne or nat playne concernyng the fayth or morall lyuiÌg of the people or nat orels the honour / lyberty / ryches of the clergye / or any other thyng whatsoeuer it be if there fall any varyaÌce or vnquyetnesse thervpon amoÌge the people as if one doctoure or many / some of the lay people be of one opinyon therin other of a nother opinyon / thervpon dyuersyties of opinyons vnquyetnesse amonge the people doo ryse / that in all these cases / kynges and princes shal be iudges / haue power to pacyfye all suche vnquyetnesse For it appereth Psal ii that it is said thus to kynges princes O ye kynges / vnderstande ye be ye lerned that iudge the worlde And if it be sayd that by those wordes / Iuge the worlde / that kinges and princes must iuge onely vpon temporall thynges as vpon the bodyes / landes goodes And nat vpon any thyng that apperteineth to the soule trewly that is a right great erroure / for it wolde bringe the people in belefe / that the successours of the apostles discyples of Christ haue only cure of soules nat kynges princes And that is nat so for it is no dout / but if a prince suffre his people wylfully breke the lawes of god / or the lawes of his realme and se them nat corrected accordyng to his lawes but that he offendeth god rizt highly thereby as euery man shall do / that willyngly wylfully suffreth his seruants breke the law of god without correctyon / whan he may well correcte them and ouer that no man can denye but that euery man is bouÌde to procure the ghostly helth of his neyghbour by couÌseylyng good example gyuynge to his power as it is writteÌ Eccl. xvii God hath gyuen a coÌmauÌdement to euery man vpon his neybour and syth euery man hathe a charge of his neyghbour / it must nedes folowe that a kynge hath a more speciall charge ouer his subiectes that he is specyally boundeÌ to prohibyt all thinges as nigh as he can wherby his subiectes spirytuall or temporall might haue occasion to breke the lawes of god the charge of the clergy is to mynister the sacrameÌtes to the people and to preche teche them howe to please god kepe his coÌmauÌdemeÌtes if they be neglygent do nat so / kynges princes ar bouÌden to coÌmauÌde them to do it And if they gyue the people euyll exaÌple / princes ar bouÌde to make theÌ leue it let euery maÌ therfore iuge whether any curate may truly say the kyng hath only cure of the bodyes of my parysshens / but I of their soules for it is no dout but that kynges princes haue cure and charge ouer both / that nat only ouer the soules of laye meÌ but also of the soules of bysshops prestes therfore such vayne sayengê wolde be prohibyt / for they nourisshe engendre gret pride / and for a further prouf that priÌces may pacify all maner of vnqietnes that may rise amoÌg their people by any maner of occasioÌ spuÌall or temporall It is sayde Exo. vi a wyse kynge is the stablenesse of his people wherof it foloweth / that if the vnstablenesse come by occasyon of any exposycion of scrypture / be it by doctours / prechers / or any other / that kynges haue power to stable theÌ And of that it foloweth also that if any man wyll preache in such maner that it is lyke to make vnquietnesse among the people that the prince maye prohybit him of that prechyng for he that hath auctoritie to remoue an vnquyetnesse present hath auctorite to preuent occasions wherby such vnquietnesse might happen to folow after amonge his subiectes Furthermore / all men agree that the catholyque churche maye expounde scrypture if the clergy can proue that they be the catholyke churche / than it beloÌgeth to them to expounde it But if the