others are founded on the property. If several actions for the same thing are  available to one demandant, as the assises of novel disseisin [and] mortdancestor  on the possession and the writ of entry and the writ of right on the property, he  cannot use them all at one and the same time, but let him choose one, whichever  he will, and having chosen one he will never have recourse to the others while  that is pending.1 If he resorts to another, his impetration of the second will be  without effect.23But if he withdraws in some way from the action he has begun,  by leave of the court or by judgment, he shall observe the following order in the  bringing of other actions. If he has withdrawn from an assise of novel disseisin he  may at once have recourse to the assise of mortdancestor, if that is available to  him, after that to the writ of entry, and finally to the writ of right, in this way  ascending from possession to property.4 But he may not proceed by descending in  the contrary order, for from the writ of right descent is never made to other lesser  writs, since he who once proceeds by that writ brings sub judice the whole right,  both as to the possession and the property,5 as may be seen below where the writ  of right is expounded.6 A descent is never made from a proprietary action to a  possessory one,7 nor after he has once brought an action on the seisin of an ancestor  may he sue on his own seisin by the assise.
If one has withdrawn from an action
[in rem] after having chosen it.  8When one has once withdrawn from an action in rem, has either retracted himself  or has had judgment given against him, he can never return to it, since once  extinguished it cannot revive.9 But if for some reason he has withdrawn not from  the action but from the writ, because it is defective, it will be otherwise.10
A third division of actions.
 11Some actions are prejudicial, those which arise out of incidental or emergent  questions, [emergent], in which it is asked 12whether one is freeborn or a freedman, a  free man or a bondsman, a son or not,13 and if a son, whether legitimate or a bastard,  and other matters of the kind; [incidental], 14as where an agreement or pact [de non  petendo], res judicata or a fine made, or an exception of any other kind enters into a  suit.15 They are called prejudicial because they are adjudged before the principal  action,16 and [because] 17by that incidental or emergent action the principal action  remains or proceeds.18
Where criminal proceedings ought to be determined.
 We must see where pleas or actions ought to be determined. It is clear that if they  are criminal they must be determined in the court of the lord king, since it is  there that corporal punishment must be imposed, and that before the king himself  if the matter touches