Bracton: Thorne Edition: English. Volume 3, Page 355

Harvard Law School Library

Bracton Online -- English

Volume 3, Page 355

Next

Go to Volume: Page:

[001] and the jurors say that he was disseised only of one. By the assise A. recovers¹ the
[002] one only against B., and both are in mercy: B. because of the wrongful detention
[003] of one carucate, and A. for his false claim to the other. A. afterwards says the jurors
[004] swore falsely, since they did not give him two carucates, and seeks a conviction, and
[005] B. similarly, since they took one carucate from him though he committed no disseisin,
[006] as he says. It thus appears at first sight that two convictions ought to follow
[007] a single assise and a single verdict, and if two ought to follow, we must then see
[008] whether the matter ought to be set right by a single jury or two. If by two, each might
[009] be contrary to the other, and thus the matter could never be carried to completion.
[010] And if an examination should be necessary, the juries could seldom if ever assemble,
[011] for it is difficult to assemble a multitude, as a universitas. It is better, therefore, that
[012] the conviction proceed by one jury rather than by two, because of the single assise.
[013] Suppose that A. brings the assise against B. for one carucate of land and recovers
[014] one carucate against B. By reason of the carucate he recovered A. occupies another
[015] carucate which he did not put in his view. With respect to the one carucate as to
[016] which the jurors swore, a conviction lies for B., for the other A. occupied, the assise
[017] of novel disseisin. If the assise proceeds as to the carucate occupied and the jurors
[018] swear falsely as to that, another conviction lies for B. In that case two juries and two
[019] convictions follow, because the assises are different, the tenements different and the
[020] jurors different. The two may well proceed if they are taken at different times. Thus
[021] there may be two convictions between the same persons, provided that the things are
[022] different, the assises different and the jurors different. If they ought to be taken at the
[023] same time, both may well be settled by a single jury. ²<It often happens that when the
[024] jurors think that they have judged wrongly, in whole or in part, motivated by repentance,
[025] they come and wish to amend their verdict; quaere whether they can do
[026] so. We must distinguish whether they do so before judgment or after. If before, they
[027] may well do so,³ as in the eyre of Martin of Pateshull in the county of Lincoln, an
[028] assise of mortdancestor [beginning] ‘if Peter son of Wymund,’ concerning land in
[029] Hoggesthorpe.⁴ They there said they were deceived, but they were fined. This was
[030] before judgment, because it was said that those who ought to lose by their first
[031] verdict should hold in peace. But if it is after judgment, there will be no place for
[032] repentance,

Notes

1. ‘recuperaverit’

2. Supra i, 408

3. Supra 338, 346-7

4. Not in B.N.B.