he was heir or not, or who was heir.1 Or that if [the ancestor] died seised as of fee,  this plaintiff could not be his heir since he was neither son nor heir but a bastard, or  if he is a son and near heir, that another is nearer, namely, such a one. To which the  plaintiff may replicate that he is the heir, and even though he was not, that he was  in possession for so long a time that he could not be ejected without judgment. There  are many other such exceptions which can be brought forward, all of which are determined  by the assise in the manner of a jury, which is not open to a conviction, but let  these suffice for the present by way of example. With respect to similar or different  exceptions the procedure will be the same.
If a gift falls into the assise.
 If a gift falls into the assise many exceptions may be raised by virtue of it, as where,  [if] the plaintiff says that he was in seisin of that tenement by the gift of such a one,  for so long a time, until such a one ejected him, it may be excepted against him that  he who is alleged to have made the gift never had seisin thereof so as to be able to  make a gift, either because he had none at all, or because, if he had, he had earlier  given the tenement to such a one by his charter, before he had made a charter to the  aforesaid plaintiff, [or] that if he [the plaintiff] had any seisin thereof he had none  except by intrusion after the death of the donor, from which he was ejected immediately  and at once. In that case the assise falls into a jury to ascertain whether he had  seisin in the lifetime of the donor or not, and by that the matter will be determined.  If they know nothing at all as to seisin, the plaintiff will take nothing by the jury.  If they are doubtful, judgment must be given for the possessor. If they say that they  are quite sure of the plaintiff's seisin, and of the day on which he was put in seisin,  but know nothing of the death of the donor because he died in remote parts and in  another county let the truth be inquired into by another jury in the county in which  he died. And so, the results of the two inquests being combined, the matter will be  determined and judgment given for one party or the other.2 Let this suffice here by  way of example.
If an agreement or a pact falls into the assise, or the modus of a gift.
 A pact or an agreement may also fall into an assise, if introduced when the gift was  first made so that it will become part of the gift and fashion it.3 And so a modus, a  condition and a causa may become part of a gift: a modus, as where it is said, I give  that you do; a condition, as I give if you do. A condition may be introduced in such  a way that one