Bracton: Thorne Edition: English. Volume 3, Page 254

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Volume 3, Page 254

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[001] that he or she died after the period of limitation. And that he is the nearer heir, and
[002] let him show why he is. If the tenant simply denies this, the whole or one of the
[003] aforesaid clauses, or if he has no objection to put forward, or though he has, puts
[004] nothing forward, the truth may be declared by the assise, [and] let it proceed¹ at
[005] once, by twelve jurors against whom² no exception can be made; not by fewer as
[006] may be done in the assise of novel disseisin, by as few as seven,³ as above [of novel
[007] disseisin.]⁴ The jurors ought to swear in this form.

Of the form of the oath.

[009] ‘Hear this, O justices, that I shall speak the truth concerning this assise and the
[010] land (or ‘rent’) which is claimed, of which land (or ‘of the tenement from which so
[011] much rent issues’) I have made the view by order of the lord king, and on no account
[012] will I fail to speak the truth, so [help] me God etc.’⁵ And the other jurors will swear,
[013] one after another, thus: ‘Such oath etc.’ as above.⁶ If some of the jurors, newly and
[014] recently appointed, have not seen the tenement, they may swear saving the view.⁷
[015] It is then important to see whether they are newly appointed on that same day for
[016] lack of other recognitors, or were chosen at the beginning and refused to make the
[017] view, in contempt. If newly assumed, they must be treated more or⁸ less mercifully
[018] according to the discretion of the justices. If they were chosen and assumed from the
[019] beginning and refused to make the view on the sheriff's order, they offend doubly,
[020] that is, they are guilty of a false oath and contempt, and are more at fault,⁹ as is
[021] evident, than those who obey but commit perjury. Hence, [the same penalty is
[022] put upon them] lest they be in a better position¹⁰ than those who made the view,
[023] since by right their position ought to be worse. When all are present, the oath having
[024] been taken, as was said above, if they agree in all points, in accordance with their
[025] verdict seisin will either be adjudged to the demandant or the tenant will be freed
[026] by the assise from the demandant's claim, forever or for a time, [according as] the
[027] acquittal or conviction [of the jurors] follows,¹¹ according as they have spoken
[028] truly or falsely, clearly or obscurely, as above [in the portion] on the assise,¹² If they
[029] have spoken falsely, [this] remedy follows,¹³ [as below [in the portion] on convictions.]¹⁴
[030] Though the parties are present and have put themselves on the assise, the
[031] jurors, who ought to declare the truth, may be absent;

Notes

1. ‘procedat,’ as below

2. ‘quos,’ all MSS

3. Om: ‘ut supra . . . recusabiles,’ redundant

4. Supra 58, 71

5. Supra 72, 210

6. Infra 345

7. Supra 63

8. ‘vel’

9. ‘magis delinquunt,’ as supra 63

10. Reading: ‘aequalis poena eis infligitur ne esse debeant condicionis melioris cuius sunt’

11. ‘subsequetur’

12. Supra 63

13. Deleted

14. Infra 336 ff.