Bracton: Thorne Edition: English. Volume 3, Page 336

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Bracton Online -- English

Volume 3, Page 336

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[001] plaintiff by reason of that occupies more, on the tenant's prompt complaint a certification
[002] will lie, by the judge acting ex officio, or an assise of novel disseisin against
[003] him who occupied,¹ and then, after the taking of the assise, there will be opportunity
[004] for a conviction, if either of the parties so wishes. With respect to that of which the
[005] jurors have made the view, we must see whether they have given the whole to the
[006] tenant or taken it from him. Then whether they did so rightfully or wrongfully, in
[007] order to ascertain whether a conviction follows or does not. Also whether it is the
[008] whole or a part [of what the plaintiff claimed] to see whether one is in mercy or both.²

Of the conviction or attaint of jurors who have sworn falsely.

[010] When the jurors in any of the aforesaid assises have made a false oath and have
[011] thus committed perjury, on the complaint of him who lost by the assise they may be
[012] convicted of perjury in many ways, sometimes by the oath of the twenty-four,
[013] sometimes without it, out of their own mouths, by the examination of the judge,
[014] and sometimes by their own voluntary confession, as where they acknowledge their
[015] delict and put themselves on the mercy of the lord king so that they may amend
[016] their verdict.³ But in all the cases aforesaid the same or an equal punishment is not
[017] to be inflicted, as will be explained below.⁴ If the jurors are to be convicted by the
[018] twenty-four, we must see how many jurors there were in the assise, that each may
[019] have at least two convictors (it will not be prejudicial if he has more) and that all
[020] are men of at least the same condition as the twelve jurors, if they cannot be of a
[021] superior condition. [A justice as well as a juror may be guilty of culpa,⁵ and if the judge
[022] is guilty of culpa that is not imputed to the jurors, nor conversely, that he who is
[023] free of fault suffer no punishment.⁶ For the judge or justice to whom the task of
[024] examination falls, if he examines with scant diligence [and] furnishes an opportunity
[025] for perjury to the jurors, neither frees them of fault nor himself.]⁷ When a conviction
[026] is sued, the record of the justices must stand until it is altered by the conviction or
[027] held good. Therefore, before all else, even before the jury is summoned, the record
[028] must be seen and examined.⁸ That being heard, it may then first be known whether
[029] the assise was taken in the manner of an assise or in the manner of a jury, and
[030] accordingly a conviction awarded or not. If in the manner of an assise, let it be enquired⁹
[031] by the jury whether the twelve have made a true oath or a false one. If true,
[032] their verdict will hold; if false, they are to be convicted because of perjury.¹⁰ An oath
[033] may be false or foolish. And so may a judgment,

Notes

1. Infra 353

2. Ibid.

3. Infra 338, 346

4. Ibid.

5. ‘culpa’ for ‘causa’

6. Supra ii, 110

7. ‘Possit esse . . . iurator, et si iudex fuerit in culpa . . . nec se ipsum,’ from lines 23-4, 26-31

8. ‘Cum de convictione agatur, standum erit . . . et examinandum,’ from lines 23-26

9. ‘inquiratur’

10. Supra 74