jury, by that the matter of seisin will be determined. He may also say that the ancestor  did not die seised because he was disseised long before his death and failed to  sue during his lifetime, because of his negligence, [to which the replication may be  made that] he could not because of weakness.1 Thus a fine levied [and] an assise of  novel disseisin fall into the assise of mortdancestor. 2<He may also answer that he on  whose death the demandant brings the assise is alive.>
If such a one is the nearer heir.
 3With respect to the words the nearer heir, the exception and answer may be made  that though the demandant is a near heir another is nearer, because of age or sex, as  above.4 [Or] that if he is a nearer heir, since the land is partible there is another equally  near, who is not named in the writ. [Or] that he who claims as nearer heir can be neither  nearer, near nor remote, because he is a villein, and thus the question of status  falls into the assise of mortdancestor; how that exception ought to be determined  may be drawn,5[as above in the tractate on novel disseisin.]67<If in a proprietary  action by writ of right one claims in demesne what another holds in demesne and in  service what he holds in service, that which he once claims in service he may never  afterwards claim in demesne. It is otherwise in a possessory action, as where one  claims by assise of mortdancestor [in this way, the assise falls if an exception is  raised,8 nor] may the demandant correct the error. A replication of this kind is  valueless in a proprietary action.>
Which land such a one holds.
 Which land such a one holds,9 to which the exception may be made by the tenant,  when the whole is claimed of him, that he does not hold the whole10 as the demandant  claims it nor as his ancestor held it. If he says that not he but another holds the whole  tenement, and his adversary answers that the other is the tenant's villein and holds  of him in villeinage, unless the demandant has proofs immediately at hand, kinsmen  or others, the tenant will withdraw quit of this writ, as [in the roll] of the eyre of the  abbot of Reading and Martin of Pateshull in the county of Warwick, an assise of  mortdancestor [beginning] if Fredericus.11
The exception that the demandant remitted or confirmed after the right descended to him.
 In addition to the answers and exceptions arising from the clauses of the writ, there  are many other exceptions, extravagantes, so to speak, which emerge by chance or  accident; some of these defer the assise temporarily,