of [his] brother or sister, since the answer may always be made to the uncle's assise  that he has a nephew who has a greater right in that tenement than he, [that is], if the  land is not partible, or if it is, as much right. He may then take nothing by the assise.  But if one of them claims an inheritance descending from a common stock against  the other by assise or writ of cosinage, the uncle against the nephew or conversely,  neither action will lie, only a writ of right, as will be explained more fully below in the  tractate on cosinage.1
The manner of proceeding after impetration of the writ, and of essoins.
 When the writ of assise of mortdancestor has been impetrated in any of the aforesaid  ways, and when it has been shown to the sheriff, the jurors chosen and the view  made, let a day be given the parties before the justices, the day and place being  certain, and let the jurors be summoned to appear at that time to make the recognition.  On that day the tenant may essoin himself, if he wishes, one or several, [if  several], separately, according as they hold separately and by themselves or together  and in common, provided that each of them has a single essoin2 of difficulty in  coming, if he is3 in the county, and sometimes of the service of the lord king, one  or several.4 If [he is] beyond the sea and [was there] before the summons, he will then  have one [essoin] of beyond the sea, and a short or an extended day according as  the tenant has essoined himself of a pilgrimage to St. James, this side the sea, or of a  pilgrimage to the Holy Land,5 [and then according as it is of] a simple pilgrimage or a  general passage; the least he will have is the space of forty days and one flow and one  ebb, as will be explained more fully below [in the portion] on essoins.6 If on the first  day he neither comes nor essoins himself, let him then be resummoned at once. If the  assise ought to be taken in the county, let the sheriff be ordered to cause him to be  resummoned without writ, [In truth, wherever the assise is taken, [inside or] outside  the county, after an essoin or a resummons, a day given or a warrantor vouched,7 it  ought always be begun in the county,8 and therefore if a resummons ought to be  made, it ought to be made in the county.] but if on resummons a day is given outside  the county, it will then be necessary that it be made by writ, that [what was done]  may be known outside the county. The writ of resummons9 will be this.
The writ of resummons if the assise is to be taken outside the county.
 The king to the sheriff, greeting. Summon A. by good summoners to be