brings the assise against him, the feoffee may answer to the assise that though the  feoffor was once seised he ceased to possess by the gift, [since] he withdrew from possession  completely, animo and corpore, corpore, [that is], his own as well as another's, no  one in his name being left in possession. He may except against intruders and disseisors,  if they claim against the true lord by the assise, after having been ejected,  that they had no peaceful seisin, because he, the true lord, ejected them immediately  after the intrusion or disseisin, [as above, where this matter is treated more fully.]1  A tenant may except against a plaintiff in one kind of disseisin, where one holds a  tenement and another wishes to use it against his will, [that he holds freely], and2 if he  against whom complaint is made, who3 wishes to use, says that the tenant does not  hold freely, because he has used the tenement and has the right to pasture beasts (or  some other servitude) through long use, or through some justa causa [of acquisition,  as] by the constitution4 of a servitude, and the tenant replicates that his tenement is  free and owes no servitude to the neighbour, [the truth] will be declared by an assise  taken in the manner of a jury by consent of the parties. He may also except against  the assise and the plaintiff that though there once was a disseisin and he was disseised,  that he [the plaintiff] is now in free and peaceful seisin. But then we must see  whether it was before impetration or after [that he entered], and whether he usurped  his own seisin by force or received it freely when offered.5 If before impetration, after  a time,6 not immediately and at once, he usurps seisin to himself, he will be in mercy  not only for the usurpation and disseisin, but also for his false claim, because after the  usurpation there was no reason for impetrating,7 and the other8 will nonetheless be in  mercy for the disseisin. And so if, after impetration, he accepts his seisin freely  offered, that is, he will be in mercy for a false claim if he prosecutes [his writ], and the  other for the disseisin. If he accepts it before impetration and then impetrates, if he  later wishes to use [his writ], let him be in mercy for a false claim, or if he does not and  retracts, because he did not prosecute.
The exception against the words of a free tenement
 An exception is also given the tenant against the plaintiff on the words of a free tenement,  for the writ contains the phrase that such a one wrongfully and without judgment  disseised such a one of his free tenement. We must see, therefore, in the first  place, what kinds of tenements there are, and for whom the exception of free tenement  lies. It is clear that a free tenement is that which one holds to himself and his  heirs, in fee and inheritance, or in fee only, to himself and his heirs.9 Also what one  holds as a free tenement, as for life only, or by the same token, for an