those which belonged to the disseisee himself but those deposited with him or lent  or pledged, or of which he had the use or usufruct, or which were hired to him, for  all these are included in the word having.1112And not only the things which were  then there when the disseisin was committed, but anything which afterwards ceased  to be there, as where cattle die after the disseisin;13 because though the disseisor  loses them [without fault] he bears the loss, because that is not to be charged to the  disseisee. [Thus] if buildings have been consumed by fire, their value ought to be  restored14 by the assise, because the disseisor will be held liable for acts of God.  15Those things are to be restored which the disseisee had there when he was disseised:  [there, that is], either in the place from which he was ejected or throughout  his entire holding, because it refers to every part of the holding of which he was  deprived when he was disseised.16 An account of the issues ought to be had from the  day on which he was disseised; it is not reckoned back of that.1718So of movables  which then were there, the profits are to be computed from the time he was disseised,19  20and not only is an account of the profits to be had, but also of the use he  would have had of all his possessions had he not been disseised.21 The damages are  to be estimated by the judge,22 at either more or less, regard being had to improvements.  But the contrary is true according to some, because the disseisor improved  for his own use, not for that of the disseisee, and thus it seems that the improvement  cedes to the land,23 and since the disseisor wittingly improves another's land he is  taken to have made a gift, for he knew or ought to know. But in truth improvement  diminishes the damages and exonerates the disseisor to that extent, sometimes  completely, as for example.24 [If] the disseisor does not possess but has transferred to  another, provided it is after impetration, whether the transferee has transferred over  [and it has gone through] several hands or not, by this assise he who possesses at the  time the assise is taken is bound to restore the thing seized, since25 the thing is made  litigious by diligent impetration and diligent prosecution. We must see who is bound  to restore damages and who not. It is clear that those ought to share the damages  who shared in the gain, that is, all the principals, so far as they are sufficient; if they  are not, recourse must then be had to others, accessories and instigators.
The exception against the writ or against the jurisdiction.
 We have explained above what the law is if the tenant wishes to say nothing, or has  nothing to say or except against the assise, why it ought to remain, permanently or  temporarily. Now we must explain what happens when he wishes to allege and  except, whether against the writ, the person of the plaintiff or the assise. There are  some exceptions which lie against the writ and defer the assise but do not destroy it:  peremptory to the writ and dilatory to the judgment.26