Thus one parcener may and ought to answer without his parceners for his own disseisin  and wrongful act, and no recourse will be had [by the others] except to that of  convicting the jurors, if the parcener who has lost by the assise is willing to bring that  action.12[After partition of the common inheritance, however, there will be several  seisins and several separate rights, but nevertheless in a proprietary action one need  not answer without the other unless he so wishes; if he does so and loses, he has no  recourse against his parceners [for a share of the common inheritance].3 And what was  said of co-heir parceners may be said of neighbours.] We have explained in the portion  next preceding for whom the remedy by assise lies, whether he holds his own property  or holds in common. Now we must explain for whom the remedy by assise and the  plaint does not lie.
For whom the assise does not lie: of possession in the name of another.
 The plaint and remedy by assise does not lie for anyone who is in possession in the  name of another, because he does not possess though he is in possession; he possesses  in whose name the thing is possessed.4 To possess is very different from being in possession.5  These are in possession though they do not possess: a guardian (sometimes  who holds in demesne though not in fee. A procurator. A household. A bondsman,  one's own or another's possessed in good faith. A farmer or fructuary, though not one  who holds in fee farm. A usuary and a guest. And he who holds at will, from day to  day [or] from year to year, though he may vouch a warrantor, according to some, as a  usufructuary who holds for a term of years. Such persons will have neither the plaint  nor the remedy by assise, because they have no action; the owner has it, and thus, if  they sue, the exception of property and free tenement lies against them, no matter by  what kind of disseisor it is raised, whether he has the right to eject or not.6 If the  exception does not rightfully lie for such persons, that must be ignored, because of  the true lord to whom the action belongs.7 Neither the plaint nor the remedy by assise  lies for those who have committed a disseisin and been ejected at once and without  delay by the true lord, while the wrong is still fresh. Nor for an intruder in the same  circumstances, unless he has a long and peaceful time [in possession] which may  suffice for title. Nor for him who was never in seisin or quasi-seisin, or who has an insufficient  seisin, wrongful and disputed, without time and peace.8 Nor for a villein  or a neif within the potestas of their lords: with respect to a pure villeinage, neither  against their lord nor against others, no matter whom, because of their persons and  by reason of the tenement, whether it is an ancient villeinage or one newly created;  if it is an acquisition, the assise does not lie against the lord in whose potestas the  villein is, but it does against feoffors and strangers, until the lord, in whose potestas  they are, has taken the tenement into his hand, as will be explained more fully below