an action will be denied him.] in which case, because of the consent, no conviction  will lie. And so if status is put forward in the manner of an exception. The assise is  good if the plaintiff has a standing to sue in court. [If the tenant alleges that he is a  villein] and cannot claim by the assise, he must prove that he is such, and, because  the plaintiff's intentio is admitted completely,1 that being proved or not proved, the  action will be determined. The tenant may prove his exception in many ways, by  kindred if he has them immediately on hand, or if not, on another day. 2<But such  proof by kindred ought not be allowed, [lest the plaintiff be prejudiced] if status  should afterwards be litigated, unless it is put forward by a lord against a villein  within his potestas, in which case both status and the assise would be determined by  one judgment, which would not be so if he were beyond [the lord's] potestas and  asked judgment whether he ought to put himself on the assise with respect to [his]  status before restitution, to which he ought not to be compelled unless he willingly  adopts this course, since another action will be necessary.> If he has no kindred,  then by a deed of purchase, and when he has no other [proof], then finally by the assise,  against which the plaintiff may replicate in many ways with respect to his freedom  and prove himself free, by his kindred or a deed of manumission or by the privilege,  or that he is in a free status beyond the potestas of the lords, in which cases he may  defend himself if he proves his replication. But if he has no [replication], or though  he has, does not put it forward, then at the last the matter will be decided by the  assise taken in the manner of a jury, nor will he later be prejudiced as to his status  by that, whether the jury finds for him or against him, nor will a conviction lie,  because it is not taken in the manner of an assise, nor does villeinage excepted touch  the assise any more than does an agreement,3 but it always remains intact, though  nullified by an exception.4 If the assise is taken in the tenant's absence, or if, though  present, he does not except but puts himself on the assise at once, whether the jurors  find for the one or for the other on the clauses of the writ and do so falsely, or if they  say that there has been an agreement, or that the plaintiff is a villein or a bastard  when he is not, or something of the kind which could be an exception had it been  put forward by the tenant, a conviction will lie,5 because the assise is taken in the  manner of an assise, not of a jury, there having been, so to speak, no consent by the  plaintiff or demandant. If when the tenant is absent nothing is said against the assise,  by the foresight of a wise judge let the jurors be required to give a reason for  their verdict, [so that] if a conviction is afterwards sued, reasonable ignorance or  honest mistake may excuse them.
A conviction will lie in all assises except the grand assise.
 In all assises except the grand assise a conviction will usually lie unless it is turned  into a jury because of some incidental question