time [in possession], long and peaceful, he will not recover by the assise of novel disseisin,  as in the eyre of Martin of Pateshull in the counties of Hereford and Worcester  in the third year of king Henry, an assise of novel disseisin [beginning] If William  Chamberlanus.]12[The king to the sheriff etc.] Order A. rightfully and without delay  to render to B. so much land etc. in which he has no entry except by the intrusion he  made into it after the death of such a one etc. [If3 the tenant says he holds nothing  except in the name of one who is under age and in his wardship, so that he may  neither gain nor lose [that land], the writ falls. If both are named in the writ, the  minor and the guardian, it falls as to the guardian, because he holds nothing except  in the name of wardship. But if it is put thus:
The writ of attachment.
 [The king to the sheriff etc.] Put under gage and safe pledges etc., as above, so that  the action is wholly personal, [then], though both are named in the writ, it does not  fall, though the action savours somewhat of novel disseisin, because what is in issue  is not primarily the tenement and the intrusion but only the intrusion by itself, as  to which both those who have right in the thing and those who have none may be  guilty.]4[And if] he, the intruder recently ejected, cannot have the assise, by the  same token he cannot have a conviction if he loses by the assise. And similarly, if he  has no action, he has no exception if he despoils another, that the assise of novel disseisin  does not lie for him, as where he says that the disseisee is a villein, or has5 no  right in the tenement, or is a bastard, or has [only] tenuous seisin, because these matters  are no concern of his, and because if he wished to claim by action none would lie  for him, and the tenant could thus remain in possession forever, though he had no  right in the thing possessed, because when neither has right the cause of the possessor  is the stronger.6 Thus if one who has no right ejects him [who has no right], the ejector  will not have an exception against him, since if he claimed he would have no action.7
 One may proceed by [writ] of intrusion where another, by force of a charter or his  homage [taken]8 puts himself in seisin of a tenement of which he had none in the lifetime  of the donor. And so if he puts himself in seisin without writ, procurator or  warrant.9
If a gift is made to two persons; of intrusion.
 And so when a gift [of the same land] is made to two persons and livery only to one,  and the other puts himself in seisin on his own authority, by reason of the naked  charter.10
1. Not in B.N.B.; probably Selden Soc. vol. 53, no. 1282 (Worcester, 5 Hen. 3), marked on roll, where the intruder, ejected after three weeks, was Ricardus Capellanus; one of the ejectors was Ricardus Camerarius. The intruder's assise of novel disseisin failed. Continued infra n. 4