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[001] whose heir the same C. is, disseised the same A. wrongfully and without judgment or
[002] not. As to which an assise of novel disseisin was once (or ‘recently’) summoned and
[003] taken before our beloved and faithful such a one, by which assise the same B. recovered
[004] his seisin of the aforesaid tenement against the aforesaid A. (‘whose heir the
[005] same D. is,’ that is, if the heir sues) and as to which the same A. complained that the
[006] jurors of the aforesaid assise swore a false oath, so that a jury of twenty-four to
[007] convict twelve was arraigned before our dear and faithful such a one, the taking of
[008] which remained because the aforesaid B. died before the taking of that jury. And in
[009] the meantime inquire diligently who were the recognitors of that assise and have
[010] them at the aforesaid assise before the aforesaid justices. And summon C. the son
[011] (or ‘brother,’ ‘sister,’ ‘nephew’ or ‘niece’) of the aforesaid B. (that is, if the heir
[012] holds; or if he who committed the disseisin or his heirs have transferred the thing
[013] taken to another, then let the tenant be summoned thus: ‘And summon such a
[014] one, who holds that tenement of the gift of the said B.,’ or ‘of the gift of such a one,
[015] the son and heir of the said B.’) to be there to hear that recognition. And have there
[016] the summoners, the names of the knights and this writ. Witness etc.’ If the twelve
[017] jurors swear falsely in an assise of mortdancestor, and when a jury of twenty-four
[018] is arraigned one of the parties dies:

Another writ on an assise of mortdancestor to convict twelve.

[020] ‘The king to the sheriff, greeting. If A. makes you secure with respect to his claim
[021] etc. then summon etc. twenty-four lawful men of the neighborhood of such a place
[022] to be before our justices etc. prepared to recognize under oath whether B. the father
[023] of C. of N. was seised in his demesne as of fee of so much land etc. on the day he died.
[024] And if he died after etc. And if the aforesaid C. was his nearer heir. As to which an
[025] assise of mortdancestor recently (or ‘once’) was summoned and taken etc.’ In this
[026] form writs for all the assises as to which a conviction lies may be formulated, where
[027] one of the parties dies before the taking of the jury. And let the whole force of the
[028] original writ always be inserted, as may be seen above.

That an assise is not to be taken on an assise nor a conviction on a conviction.

[030] An assise is not to be taken on an assise,1 no more than a conviction on a conviction.2
[031] When an assise of novel disseisin has once been taken between certain persons with
[032] respect to a certain thing, whether a tenement or pasture, [and a second assise is
[033] impetrated] between the same persons


1. Supra 201

2. Infra 354

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