Bracton: Thorne Edition: English. Volume 3, Page 347

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Bracton Online -- English

Volume 3, Page 347

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[001] and they say the same as the twelve, or if when it is taken in the county the plaintiff
[002] says that he does not have his seisin fully, let a writ be issued him for having seisin
[003] in this form:

Writ when the twenty-four acquit the twelve of perjury [and] the disseisee says that he does not have his seisin fully.

[005] ‘The king to the sheriff, greeting. Know that when a jury of twenty-four knights
[006] was summoned in our court etc. to convict¹ the twelve jurors of an assise of novel
[007] disseisin recently summoned and taken before our justices, such persons, at such a
[008] place, between A. the plaintiff and B., with respect to such² a tenement (or ‘so
[009] much land with the appurtenances’) in such a vill, the twenty-four came into the
[010] same court and on their oath said the same as the aforesaid twelve jurors, that is,
[011] that the aforesaid B. disseised the aforesaid A. of such a tenement (or ‘of so much
[012] land’ or ‘rent’). And because the same A. complained that he did not have his full
[013] seisin of all that the aforesaid twelve jurors gave him by the assise, we order you
[014] without delay to cause the said A. to have full seisin of all the lands and tenements
[015] and services which the aforesaid twelve jurors gave him by the assise. (Or thus:
[016] ‘and therefore we order you to [put] him in seisin etc.’)’³ If after the taking of the
[017] assise [but] before conviction,⁴ the twelve jurors put themselves in the mercy of the
[018] lord king and amend their verdict, let this writ then issue for having seisin:

Writ when the twelve amend their verdict.

[020] ‘The king to the sheriff, greeting. Know that when a jury of twenty-four to convict
[021] twelve was summoned before our justices at such a place to recognize whether so
[022] much land with the appurtenances in such a vill was the lay fee of such a one of such a
[023] vill or free alms belonging to such a church (or ‘chapel’) of such a vill, as to which the
[024] aforesaid complained that the jurors of the assise which was summoned and taken
[025] thereon at such a place before justices there itinerant swore a false oath, the aforesaid
[026] twelve jurors came before our same justices and acknowledged that they had judged
[027] wrongly and for the breaking of their oath made fine with us. Whereupon he for
[028] whom the assise found appeared and acknowledged all the aforesaid land with the
[029] appurtenances to the said plaintiff to hold by the same service which

Notes

1. ‘convincendum’

2. ‘tali’

3. ‘ipsum in seisina sua etcetera,’ from line 21; om: ‘eidem tali . . . etcetera,’ repetition

4. Supra 346, infra 355