220 



THE USE OF THE LAW. 



Jiliis hominum, which is to be understood, to those that will 



till and manure it, and so make it yield fruit ; and that is 



he that entereth into it, where no man had it before. But 



this manner of gaining lands was in the first days, and is not 



All lands in now of use in England, for that by the conquest all the land 



England were o f fj^g na tion was in the Conq ueror s hands, and appropriated 



the Oonoucr- -i ..- , . 1-11*1 



or s, and appro- unto nim &amp;gt; ex cept religious and church-lands, and the 

 priated to him lands in Kent, which by composition were left to the former 

 &quot;S S^En*&quot; owners &amp;gt; as tne Conqueror found them, so that no man but 

 land, and hdd tne bishopricks, churches, and the men of Kent, can at this 

 of him, except day make any greater title than from the conquest to any 

 * ]* e ! 1810 &quot; s lands in England ; and lands possessed without any such 



and church ,.,, . ,9 A . r , . t , J _ &amp;gt;. 



lands. 2. The tlt ^ e are m tne crown, and not in him that first entereth ; as 

 lands of the it is by land left by the sea, this land belongeth to the king, 



Landleftb n the and n0t t0 him that hath tllG lands R6Xt ad j oinm g&amp;gt; which 

 sea belonged to was tne ancient sea banks. This is to be understood of the 

 the king. inheritance of lands; viz. that the inheritance cannot be 

 gained by the first entry. But an estate for another man s 

 life by out-laws may, at this day, be gotten by entry. As 

 a man called A. having land conveyed unto him for the 

 life of B. dieth without making any estate of it there, who 

 soever first entereth into the land after the decease of A. 

 getteth the property in the land for time of the continuance 

 of the estate which was granted to A. for the life of B. 

 which B. yet liveth, and therefore the said land cannot re 

 vert till B. die. And to the heir of A. it cannot go, for that 

 it is not any state of inheritance, but only an estate for 

 another man s life ; which is not descendable to the heir, 

 except he be specially named in the grant : viz. to him and 

 his heirs. As for the executors of A. they cannot have it, 

 for it is not an estate testamentary, that it should go to the 

 executors as goods and chattels should, so as in truth no 

 man can entitle himself unto those lands ; and therefore 

 the law preferreth him that first entereth, and he is called 

 Occupancy, occupans, and shall hold it during the life of B. but must 

 pay the rent, perform the conditions, and do no waste. 

 And he may by deed assign it to whom he please in his life 

 time. But if he die before he assign it over, then it shall 

 go again to whomsoever first entereth and holdeth. And 

 so all the life of B. so often as it shall happen. 



Likewise if any man doth wrongfully enter into another 

 man s possession, and put the right owner of the freehold 

 and inheritance from it, he thereby getteth the freehold and 

 inheritance by disseisin, and may hold it against all men, 

 but him that hath right, and his heirs, and is called a 



