and so on, in this way, that the assise cannot proceed between the demandant and  the tenant, because the tenement as to which the assise is arraigned descended1  from the aforesaid ancestor to the said tenant as from a common stock so that the  assise does not lie between them, as between related persons, since the tenant has as  much right in the land or tenement claimed [with respect to seisin]2 as he who claims,  and thus, because of equality of [possessory] right, [The assise cannot determine  seisin because if the demandant3 claims, he may be answered that the tenant has as  much right in the tenement claimed as he who claims.] that another action will be  necessary, that is, by writ of right, which determines both, the possession and the  property,4 and that the assise ought therefore to remain. To this exception the  demandant may reply by replicating that he claims no right by descent from a  common stock, but through a feoffment made by the common ancestor [to his ancestor],5  which he is prepared to prove by witnesses or by charters and instruments,  as seems most expedient to him. We must then proceed on the feoffment, as will be  explained more fully below.6 In order to disprove the replicator's allegation, a  triplication may be made to the replication that the gift ought to be void, because  the ancestor who is supposed to have made the gift was always in seisin and never  withdrew from seisin or changed his status in any way, but remained in seisin himself  or through his people holding in his name. And let the demandant7 show the contrary  if he can, or that the facts are otherwise. This matter is treated more fully below.8  And so if sister claims against sister, or parcener against parcener, because the writ  de rationabili parte lies,9 because each is a nearer heir because of the right which  descends in common to all as though to a single person, because of the unitary nature  of the right. One may be a nearer heir though very remote with respect to the right,  though not with respect to seisin, if no nearer heir appears, as10 a bastard,11 who can  be neither son nor heir.
 We have explained above on whose death the assise lies. Now we must explain for  what persons, because from this exceptions and answers may lie for the tenant. It is  clear that the assise lies for a son and daughter, or daughters if there are several, on  the death of a father or mother; but not for their sons or daughters on the death of  their grandfather or grandmother, unless they are joined with other persons for  whom the assise lies, as was said above.13 It lies for a brother on the death of a brother  [and] a sister on the death of a brother or sister. Also for a nephew or niece on the  death of an uncle or aunt, but not conversely. Thus this assise is restricted