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 couenauÌ„t 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 bouÌ„deÌ„ 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 ê‘fites that the byer receyued of the saÌ„e maner in the meane tyme / but the maner he is nat bouÌ„d 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 ê‘sone 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 bouÌ„d to make restitue tyll it be recouered agaiÌ„st hiÌ„ by the law of the realme If a man dissease another dye seased his heyre eÌ„treth / that heyre and all his heyres after hiÌ„ knowiÌ„g the wronge / be bouÌ„d to restore the lande to the disseysye his heyres and no prescription ne contynuaÌ„ce of long possession can helpe in this If a man dissease another case dye seased his heyre entreth as in the case before remeÌ„bred 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 ê‘son 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 bouÌ„den 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 conscyeÌ„ce 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 conscieÌ„ce 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 apoiÌ„ted in tyme past / or elles as some spyrituall counsell shulde appoynte and in non other maner there is no cause ne assured grouÌ„d 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
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 pretendiÌ„g to be his nexte heyre / entreth taketh the profites / that heyre is bouÌ„den 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 natwithstaÌ„ding those wordes shal haue the lande / and therefore in both the seyde cases if the heyres of the ê‘te of the mother entre iÌ„to the laÌ„de / they be bouÌ„deÌ„ to restore it to the heyres of the ê‘te 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 laÌ„de And if either the heyres of the part of the father or the heyres of the ê‘te of his mother entre / they be bouÌ„deÌ„ 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 bouÌ„de 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 feffemeÌ„t 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 laÌ„de 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 bouÌ„den 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 laÌ„de 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 tenauÌ„tes of a wode / the one of theÌ„ selleth al the wode / taketh the money to his owne vse in this case he is bouÌ„deÌ„ to restore the half of that money to the other ioynttenauÌ„t for though the law gyue no remedy to the other ioynttenauÌ„t for it yet it wareÌ„teth 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 ê‘te And so it is / if one ioynte tenaunt or tenauÌ„t in comon / sowe the one half of the errable grouÌ„de 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 bouÌ„de to restore the whole to him that sewe the grouÌ„de c. If a womaÌ„ haue goodê ê‘sonall 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 appeÌ„daunt And also an aduouson / and he of his mere motyon maketh a feoffameÌ„t of the sayd maner / putteth nat iÌ„ these wordê cum ê‘rineÌ„ciis c. the feoffe occupieth the comen And also whaÌ„ the aduouson falleth void he preseÌ„teth to the aduouson in this case he is bouÌ„de 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 soÌ„ne so attaynted / entreth as heyre In this case he is bouÌ„de 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
payne for the same And somtyme such perdons haue ben graunted for drinkynge of suche a cuppe or suche a bolle or for offrynge to suche an ymage / or for some other lyke small consyderations / what abusyons these haue ben / howe dyrectly against the intent of the graunte it is apparant And it is apperaÌ„t also that if the successours of Peter shulde onely haue power to graunt suche pardon / that onely for offences done before the graunte / that than that graunte shulde delyuer but fewe from payne for their synnes in comparison of the multytude of christen people for euery penytent maye nat incontynent after his repentance go to Rome fro so farre countreys aske pardon there for their offences passed And therfore it semeth that our lorde whiche is all goodnesse / wolde nat make a grauÌ„t that shuld serue to so lytel a purpose as that shulde do / but that it shulde streche more at large amonge the people / wherfore as I suppose the seyd grauÌ„t shal stretch aswell to the successours of all the apostles discyples that is to say aswell to all bysshops prestes as to the bysshops of Rome / that ye shall nat take my wordes in this behalf / as thiÌ„ges clerely vnwareÌ„ted by any auctorite or example of the gospell I shall shewe you a playne example of the gospell / whiche as it shuld seme by the outward wordes of the gospell shuld stretch only to the apostles their successours that yet all prestes haue auctorite therby And that is vpoÌ„ the institucion of the sacrament of the aulter for it appereth Mat. xxvi that o r lorde made his mauÌ„dye with his .xii. discyples / wherby as it semeth / is to be vnderstand only his xii apostles For Luc. 22. it is sayd expÌ„sly that he sate downe to supê‘ with his .xii. apostles / wherat he instituted the gloriouse sacrameÌ„t / sayde to theÌ„ Take ye this ete it / this is my body that is gyueÌ„ for you / make ye this in remeÌ„brance of me / if by these wordes make ye this in remeÌ„brance of me none shuld haue power to consecrate but only the apostels their successors / which most ê“perly be takeÌ„ to be bisshopê than shuld al inferyor prestes whiche be comenly taken to be successors to the .lxxii. discyples haue no power to consecrate yet the comen experyence sheweth that all prestes do coÌ„secrate And they do wel therin / for they be prestes aswel as the apostels were so it is coÌ„uenyeÌ„tly to be taken / the thiÌ„tent of o r maister christ was that all prestes shulde do it why thaÌ„ shal it nat be takeÌ„ to be his entente that he wolde / that what soeuer any preest losed vpon erth / shuld be losed iÌ„ heueÌ„ aswel as any bisshop rather than that they shuld consecrate for these wordes seme as wel to be spoken to the discyples as to the apostles / as apê‘ith Mat. xvi before rehersed And if any man wyll pretende that there be other auctorities for grauÌ„tyng of pardons than these that I haue before rehersed / or that wyl preteÌ„d that bysshops onely haue that power noon but they / that they may aswell graunt ê‘don before the offence to put awaye the payne for the sine that shal be coÌ„mytted after the grauÌ„t aswell as before It wyl be well done that his reasons be herd in the ê‘lyament And if his reasoÌ„ and the prouf thervpon seme suffycyent / than to folowe it And if nat I thynke verily that the ê‘lyament is bounde in conscyeÌ„ce to coÌ„mauÌ„de all preestes to erecute that power frely fro henseforth to the ease and conforte of all the people without takynge any thynge for it and I dare say further in this mater that suche preachers as haue in tyme past instructed the people / that the bysshop of Rome shulde haue power to graunt such perdons by the vertue of the superhabundance of the meryttes of Christes passyon / and of the meryttes of martyrs sayntes in heuen / wherefore they deserued rewardes aboue theire offences / haue nat instructed the people truly therin for there is nat a saynte in heuen / but that he hath through the mercye of oure lorde / more rewarde in heuen / than euer he deserued of hiÌ„selfe if percase any such superhabundance of merytes of Sayntes remayned / yet the bysshops of Rome had neuer power to distribute those merytes by waye of pardon to none other For our lorde neuer gaue such power vnto them / ne yet to distrybute by waye of pardons the merytes of his passyon ¶ Of restitucyon The .vi. cha WHere ye write vnto me / that there is a sayeng in your couÌ„trey / that there shulde be som here about the cytie / that shulde doute whether restitucyon be necessarye to saluatyon wherefore ye desyre me to write to you somwhat of my mynde concernynge restitucyon I thinke verily that as a man is prohybyte that he shall do no theft wherin is conteyned that he shall nat take his neyghbours goodes wrongfully / that by the same commaundement he is prohybyte to retaygne theym wrongfully / and that if he haue suffycient to restore and knoweth also to whom restytucyon shulde be made / that he is bounden vpon payne of brekynge of the sayde commaundement / to make restitucyon And furthermore omyttynge the diffynycyons of doctours vpon restitucyons / that is to say to whom / by whom what tyme / and vnder what maner restitucyons shuld be made vpon the lawes Cyuyll and Canon whereof many doctoures haue in tyme past treated at great length I wyll somwhat speke of restytucyons vpon cases concernynge the lawes of the realme / to gyue spirytuall men and other that be nat lerned in the lawes of the realme / courage to haue more knowlege of them hereafter / than they haue hadde in tyme paste for in many cases it canne natte be knowen without them where restitucyon ought to be made and where nat Fyrst if a man haue issue / two sonnes one before espousels / and another after and dyeseased of certayne laÌ„des in fee after his deth his sonne borne before espousellê / entreth as heyre / taketh the profytes / he is bounden in this case to make restitucyoÌ„ to his yonger brother of the lande also of the profytes For the yonger brother after the lawes of the realme is heyre But if the elder brother in that case dyeseased / his heyre entre that heyre is nat bounde to make anye restitucyon For by the olde grouÌ„des of the law / the yonger brother in that case by his laches / for that he wolde nat entre in his brothers lyfe / hath loste his lande for euer But that is to be vnderstaÌ„d / wher the brethren besoÌ„nes to one womaÌ„ And also wher the lande is fee simple / in both the seyde cases the elder brother after the lawe canon is heyre / and