the jury the matter may be determined by the jury, according to some. If because  the plaintiff never married the mother and the plaintiff replicates that he did, the  assise will remain until the truth is established in the proper forum, that is, in the  ecclesiastical court.
Where the assise is turned into a jury because of trespass.
 The assise is sometimes turned into a jury because of trespass. If1 one attempts to  use another's land against its owner's will, or to use land held in common without the  consent of[his] parceners, [either2 to make that held in common his own or to commit  excess: to make it his own, as where he attempts to appropriate to himself some portion  of the land held in common; to commit excess, as by using,]3 and so usurp to  himself what is another's, or is common to himself and others, he commits a disseisin,  and likewise a trespass, for every disseisin is a trespass.45But not every trespass is a  disseisin, and if he enters into another's estate with no intention of usurping the  tenement or rights to himself, he does not commit a disseisin, only a trespass. But  since the intention with which he enters is not evident, let the plaintiff sue by the  assise. The judge must then inquire into the intention, whether he entered because  he has a right in the thing, or [if] not, if6 he was misled by reasonable error or ignorance.  If his ignorance was not wrongful and his error reasonable, as where7 he enters  into another's land which he believes to be his, and (secretly or openly) cuts down  trees or mows the herbage or other crop, and carries it away, not in the name of seisin  but through error or ignorance, he is excused the disseisin, because this is a trespass  rather than a disseisin, but not if it is gross ignorance, as where everyone in the  county knows that the thing does not belong to him and he alone is ignorant.8 If he  acknowledges the trespass let him amend; if he denies it, let the assise be turned into  a jury to inquire into the trespass, and by that let him stand or fall. And so if he holds  in common, there especially [is his act trespass rather than disseisin] unless he so acts  repeatedly and habitually. For repetition alters trespass to disseisin, as where one  commits a trespass repeatedly and replies to the assise that he claims nothing at all  in the tenement, or no separate portion of the thing held in common, in order thereby  to evade the punishment for disseisin; he will not be heard but shall suffer the punishment  of disseisin and redisseisin.9 And so if he is taken in the act (or another is taken  whose act he avows) [and] is unwilling to give gage; let the penalty for trespass be  increased if the jury finds that to be true.10 If he says he has a right in the thing when  he has none, or says it is his own when it is common, let the assise proceed at once in  the manner of an assise, and by the assise the matter will be determined. If the thing  is held in common, a judgment of partition may be proper. And what11 if he [who] so