the same act. It is always better to recur to the rolls and the judgment of the justices.  If he says that he recovered by the judgment of his own court, let him vouch his court  to warranty.>
Bastardy also falls into an assise.
 Bastardy also falls into the assise of novel disseisin, between brothers, one of whom  first puts himself into seisin after the death of his ancestor. In that case we must see  whether seisin is vacant or not, that is, whether the chief lord has first seisin or not.  If he has, and one of the two who claim that they are heirs1 puts himself into seisin  on the seisin of the chief lord, thus not into vacant seisin, the chief lord may well reeject  him with impunity, at once or after a time, because the intruder will not recover  by the assise, because he did not find the seisin vacant, but the chief lord will remain  there until it is clear to him who the heir is. But if first seisin is secured not by the chief  lord but by one of the two who claim to be heirs,2 whether he is heir or not, legitimate  or a bastard, and he is in seisin for some time, the chief lord cannot eject him with impunity.  If he ejects him de facto and the other brings the assise, he will recover despite  any exception. If the chief lord excepts bastardy against him when he seeks restitution,  that exception will not lie in his mouth,3 when there is another who claims to  be heir,4 because that exception does not belong to him but to the other, he who claims  to be heir, nor [does it belong] to the chief lord though the other is not heir. If the  intruder, though a bastard, is in seisin for a time which suffices for title, through the  negligence of the chief lord, he cannot be ejected without judgment, for here, on  account of the elapsed time, cognizance must first be taken of the forcible ejection  rather than the right of escheat.56If he says that he was never in seisin of a free tenement  because another is the nearer and more rightful heir, that exception will not  lie in his mouth, since that tenement cannot [then] be his but another's, nor is an  exception acquired by reason of another's right.7 The seisin of the chief lord ought  to be simple when he does not find it vacant.8 Hence when he has recovered his seisin  by the assise, let it then first be ascertained if he is the heir or not, nearer or near or  remote, legitimate or a bastard, and accordingly an action will lie for the true heir  or the chief lord. The same is true if a legitimate heir ejects the bastard.
When the disseisor dies or the disseisee or both, their heirs are aided by a writ of entry because the assise falls completely, both as regards the penalty and restitution, or only as to the restitution, depending upon whether it has been begun against the deceased or not.