if the justices themselves come to that county.>1<It is clear that the first jurors who  have no knowledge neither give nor take away.>2 If the jurors say that they believe  the demandant has an older brother in parts beyond the sea but do not know whether  he is dead or alive, but say clearly that if he is dead the demandant would be the  nearer heir, the judge acting ex officio may give seisin to the demandant, subject to  the condition that if the older brother returns alive the younger brother who claims  shall restore his seisin to him on his return without plea;3 thus the younger brother's  seisin will be in suspense until his older brother's death is confirmed. On this there is  matter [in the roll] of the eyre of William of Ralegh in the county of Buckingham,  an assise of mortdancestor [beginning] If Richard Faber.4 And what if the younger  brother dies so seised leaving heirs within age and the older brother then returns?  Or if the heirs are of full age? Quaere whether they may be ejected without judgment.  It is evident that they well may be, because their father who died seised had no fee,  only a conditional fee during the lifetime of his older brother.5
If felony has been objected.
 The assise falls because of felony objected and proved,6 as where the ancestor whose  seisin is claimed, or he who claims by the assise, or an intervening heir who has  survived the ancestor, [has been convicted of felony], 7<because the mere right  reverts to the chieflord, since he takes the place of the heir,8 and therefore no one can  be the nearer heir, though he may be a near heir as to seisin, because the mere right  descends to none,> or if, though not convicted of felony, he has been outlawed for  contumacy,9 [even] if he is restored to the peace.10 And though he commits felony,  [if] he dies before conviction, perhaps before the death of the father or other ancestor  on whose death [the demandant] brings the assise, the assise will proceed11 and not  remain.12
If two claim by the assise against one.
 If two claim one and the same tenement against the same person by the assise,  [one] is deferred, because no one ought to answer for the same tenement to two persons  at the same time. Recourse must be had to the last seisin and [the assise on] the  first postponed to the taking of the second,13 whether they claim on the seisin of one  ancestor or two. If on the seisin of two, the assise on the seisin of him who last died  seised ought to proceed first, as [in the roll] of the eyre of the abbot of Reading [and  Martin of Pateshull] in the county of Hereford in the fifth and the beginning of the  sixth years of king Henry, an assise of mortdancestor [beginning] if Laurence  Galant.14 The assise also falls because