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[001] with respect to the same thing, the same deed, and the same means of disseisin,
[002] [When the tenant has once recovered by the assise, if a disseisin is again committed,
[003] at once or after a long interval, redisseisin will lie, not the assise, if the person again
[004] disseised wishes to complain of redisseisin.]1 [if] he says that he recovered that
[005] tenement at another time by the assise, the assise must not be taken further
[006] but will remain, if he vouches the deed and the rolls of the justices to warranty;
[007] if he does nothing, the assise will proceed as it was impetrated, and [if it
[008] finds against him] let him who did not oppose the exception of assise previously
[009] taken blame himself. What if he puts forward the exception and the justices
[010] do not admit it? He will then be wronged, and on his complaint the act of the
[011] justices will be retracted. But when he does not oppose such exception, and it is
[012] afterwards found that another assise was earlier taken thereon, which was contrary
[013] to the last assise, as where in an assise of novel disseisin the first jurors say that he did
[014] not disseise and the second the contrary, the first is not to be convicted by the last,
[015] because an assise does not convict an assise, nor is the action one for conviction. But
[016] if he who lost by the last assise wishes to sue for perjury and a conviction, he may well
[017] do so; if he who lost by the first wishes to sue for perjury on the first that will not be
[018] permitted him, because the assise has passed over into the authority of res judicata
[019] by lapse of time. It is said ‘if between the same persons.’ If an assise of novel disseisin,
[020] [This is true whether [it is] an assise of novel disseisin, mortdancestor, or any other.]2
[021] for a tenement or common of pasture, is brought [against] one3 of several co-heirs or
[022] parceners who have the right in common in the tenement of which the disseisin was
[023] committed, [and when] he recovers4 against him by the assise another parcener
[024] afterwards disseises him of the same tenement, and the disseisee aids himself5 by the
[025] assise, [or complains of redisseisin,] the assise must not be taken further with respect
[026] to the same thing, though there are there different heads, because he is taken to be
[027] the same person because of the unitary right they have, as may be seen in the case
[028] of several co-heir parceners, and hence if6 he recovered against one he recovers
[029] against all.7 The same may be said of an assise of novel disseisin of common of pasture,
[030] where several parceners or co-heirs or others hold a tenement in common in which
[031] one or several ought to have common; if one parcener commits a disseisin without his
[032] parceners, the disseisee has an action against him only, not against the other parceners,



Notes

1. Merton, ca. 3; supra 201-2; om: ‘Si autem . . . disseisina’

2. ‘hoc verum . . . quacumque,’ from lines 20-21

3. ‘versus unum’

4. ‘recuperaverit’

5. ‘perquisiverit’

6. ‘si’

7. Supra 32


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