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[001] thus, of necessity, the assise is sometimes respited for lack of recognitors.1 Let the
[002] sheriff therefore be ordered to have the bodies of the recognitors before the justices,
[003] by this writ.

The writ for having the bodies of jurors.

[005] ‘The king to the sheriff, greeting. We order you to have before our justices at such a
[006] place on such a day the bodies of A., B., and C. (and of the others by name) the recognitors
[007] of the assise of mortdancestor which such a one arraigned in our court before
[008] etc. against such a one with respect to so much land with the appurtenances in such a
[009] vill in order that the assise may proceed.’ If they have made several defaults, let the
[010] writ then say, ‘and to hear their judgment for their several defaults.’2

If the assise is taken by default or if the tenant immediately puts himself on the assise without raising any exception.

[012] If the assise is taken by default, whether the tenant is present at its taking or not, or
[013] if, being present, he concedes the assise, so that it is taken in the manner of an assise
[014] and not of a jury, if the jurors in giving their verdict under oath speak falsely as to
[015] some exception on which neither the demandant nor the tenant3 has put himself,
[016] as the exception of status, fine levied, agreement, res judicata and the like, or if they
[017] speak as to an exception other than that on which the demandant and tenant have
[018] put themselves, a conviction will lie,4 though that would not be true if both parties
[019] were present and by common consent had put themselves on the assise as to whether
[020] it was so or not.5 Before judgment the parties often end the assise by a concord.6 But
[021] before that we must see how seisin is given to the demandant after he has recovered
[022] by judgment. It is clear that it ought to be given him by this writ, [where he has
[023] recovered] by judgment.

A writ for giving seisin after the taking of the assise.

[025] ‘The king to the sheriff, greeting. Know that A. in our court recovered his seisin
[026] against B. of so much land with the appurtenances in such a vill by an assise of
[027] mortdancestor there taken between them. Therefore we order you to cause the aforesaid
[028] A. to have full seisin of the aforesaid land with the appurtenances without delay.’
[029] There is another form, where a guardian is abjudicated of his wardship because of
[030] waste and destruction committed in his wardship; for that reason let seisin then be
[031] given to a kinsman of the minor, in the name of the minor and to the use of the minor,
[032] by this writ, or it could be because the tenement was socage and the wardship belonged
[033] to the mother.


1. Supra 207

2. Ibid.

3. ‘neque tenens’

4. Supra 150, infra 340, 344

5. Infra 311

6. Infra 257

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