[001] whose heir the same C. is, disseised the same A. wrongfully and without judgment or [002] not. As to which an assise of novel disseisin was once (or ‘recently’) summoned and [003] taken before our beloved and faithful such a one, by which assise the same B. recovered [004] his seisin of the aforesaid tenement against the aforesaid A. (‘whose heir the [005] same D. is,’ that is, if the heir sues) and as to which the same A. complained that the [006] jurors of the aforesaid assise swore a false oath, so that a jury of twenty-four to [007] convict twelve was arraigned before our dear and faithful such a one, the taking of [008] which remained because the aforesaid B. died before the taking of that jury. And in [009] the meantime inquire diligently who were the recognitors of that assise and have [010] them at the aforesaid assise before the aforesaid justices. And summon C. the son [011] (or ‘brother,’ ‘sister,’ ‘nephew’ or ‘niece’) of the aforesaid B. (that is, if the heir [012] holds; or if he who committed the disseisin or his heirs have transferred the thing [013] taken to another, then let the tenant be summoned thus: ‘And summon such a [014] one, who holds that tenement of the gift of the said B.,’ or ‘of the gift of such a one, [015] the son and heir of the said B.’) to be there to hear that recognition. And have there [016] the summoners, the names of the knights and this writ. Witness etc.’ If the twelve [017] jurors swear falsely in an assise of mortdancestor, and when a jury of twenty-four [018] is arraigned one of the parties dies:
Another writ on an assise of mortdancestor to convict twelve.
[020] ‘The king to the sheriff, greeting. If A. makes you secure with respect to his claim [021] etc. then summon etc. twenty-four lawful men of the neighborhood of such a place [022] to be before our justices etc. prepared to recognize under oath whether B. the father [023] of C. of N. was seised in his demesne as of fee of so much land etc. on the day he died. [024] And if he died after etc. And if the aforesaid C. was his nearer heir. As to which an [025] assise of mortdancestor recently (or ‘once’) was summoned and taken etc.’ In this [026] form writs for all the assises as to which a conviction lies may be formulated, where [027] one of the parties dies before the taking of the jury. And let the whole force of the [028] original writ always be inserted, as may be seen above.
That an assise is not to be taken on an assise nor a conviction on a conviction.
[030] An assise is not to be taken on an assise,1 no more than a conviction on a conviction.2 [031] When an assise of novel disseisin has once been taken between certain persons with [032] respect to a certain thing, whether a tenement or pasture, [and a second assise is [033] impetrated] between the same persons
Volume 3, Page 351
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