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[001] the record, that we may know whether the jurors judged falsely, that a jury of
[002] twenty-four may then come to convict. If they spoke ambiguously or obscurely,
[003] that the same assise may come to certify, because of the fault of the jurors.1 If the
[004] complaint arises after conviction on the oath of the twenty-four jurors, either that
[005] they judged wrongly or were suspect for some certain reason and not removed, or
[006] were insufficiently examined, after the manner of a certification, since no conviction
[007] lies, they are to be called again to certify, that the matter be recalled to its proper
[008] state, as was touched upon a little above, by this writ in the form described above.

Of summoning the twenty-four to certify, as in assises generally.


[010] ‘We order you to inquire diligently into who were the recognitors of the jury of
[011] twenty-four to convict twelve which was recently summoned and taken before such
[012] justices with respect to [such] a tenement (or ‘[so much] land with the appurtenances’)
[013] in such a vill, and to have them before us, or such persons our justices, to
[014] certify our aforesaid justices as to the oath they took and as to certain clauses
[015] touching that conviction, as to which such a one complains that the aforesaid
[016] twenty-four jurors, in large part, for certain reasons, suspect, were not removed.
[017] (Or thus: ‘as to which such a one says that the aforesaid twenty-four were insufficiently
[018] examined.’ He may also put forward several sufficient reasons by which the
[019] verdicts of the jurors may be corrected.) And in the meantime inquire diligently
[020] into who the recognitors of that assise were etc. (as above).’

Writ2 newly formulated if after a conviction arraigned one of the parties between whom the assise was taken dies.


[022] It often happens that after the taking of an assise, when a jury of twenty-four to
[023] convict twelve has been arraigned, that before the jury has been taken one of the
[024] parties dies. It would be hard for the plaintiff if the conviction should remain on that
[025] account. Hence by counsel it is established that when there is nothing which ought
[026] to be imputed to the plaintiff because of negligence, or for any other reason,3 he may
[027] be provided for by this writ.

Form of writ.


[029] The king to the sheriff, greeting. If A. (or ‘D. of N., the son and heir of the said A.’)4
[030] has made you secure as to his claim etc. then summon by good summoners twenty-four
[031] lawful knights of your5 county from such a neighborhood to be before our
[032] justices etc. prepared to recognize under oath whether B. the father (or ‘mother,’
[033] or other ancestor) of C,



Notes

1. Sentence following transposed supra 349, n. 3

2. ‘Breve’; formulated shortly after 1225

3. Supra 158, 160-61, 174; not yet decided in 1225: B.N.B., no. 1046

4. ‘vel D. de . . . ipsius A,’ from 351, lines 1-2

5. ‘tuo,’ all MSS


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