Bracton: Thorne Edition: English. Volume 3, Page 348

Harvard Law School Library

Bracton Online -- English

Volume 3, Page 348

Next

Go to Volume: Page:

[001] he did therefrom before the taking of the aforesaid assise. Therefore we order you
[002] to cause the aforesaid to have full seisin without delay. Witness etc.’ If there are
[003] several plaintiffs, let each of them have his seisin of a certain part. Let the writ then
[004] say ‘to cause the aforesaid A., B. and C. to have full seisin without delay, that is,
[005] seisin of so much land to the aforesaid A., so much to B., so much to C. etc. Witness
[006] etc.’ These writs may thus be drawn in different ways according to the differences in
[007] judgments and concords.

Whether a conviction may be deferred.

[009] Among other matters, we must see whether a conviction may be deferred for a time
[010] by means of some exception. It is true that it may, that is, if the tenant against whom
[011] the conviction is found objects against the jurors, that they are suspect for certain
[012] reasons or not suitable. And so if he does not have his seisin as fully as he recovered it
[013] before the justices, not at all or only a part.¹ And so if satisfaction has not been
[014] made him² for his damages, not at all or only in part.³ And he may have many other
[015] exceptions against the conviction if he wishes. Redisseisin also bars a conviction, as
[016] where he who lost by the assise again disseises the same person, of the whole or of
[017] part, because he usurped the right to himself without judgment and before conviction,
[018] and he who has so usurped right to himself loses his plaint de falso convincendo.
[019] If one falls into mercy for a disseisin, the exaction of the amercement will not remain
[020] if he who has lost seeks a conviction. It ought not to be deferred because the disseisin
[021] committed and the consequent amercement is established as certain by the assise,
[022] but whether the twelve may be convicted by the jury or not is uncertain; hence what
[023] is certain must be maintained not what is uncertain. For many seek conviction and
[024] certification not in order to regain their seisin by a conviction, but to extinguish the
[025] exaction of an amercement, or at least to defer it by a trick.⁴ If a remedy follows after
[026] the verdict of the twenty-four jurors and after a judgment made thereon.⁵ We must
[027] see whether he of whom complaint is made and the twelve jurors to be convicted have
[028] consented to all the jurors or not, or have shown that several are to be removed for
[029] some certain reason and that has been denied them. If⁶ it proceeds in the face of such
[030] suspicion, the jury must be wholly set aside, because it is not done without acting
[031] contrary to law. Let the suspected be removed and others substituted in their
[032] places who may depose the truth of the matter ex integro. If at the outset they agree
[033] upon them, but they are badly examined by the justices and badly instructed, they
[034] must be aided, that they may correct and amend their error,

Notes

1. B.N.B., no. 524 (margin); supra 344

2. ‘ei’

3. Supra 344

4. Om: ‘Item videndum’

5. Rubric

6. ‘quod eis fuerit denegatum. Si’