Summon by good summoners the following twelve, namely,
A. B. ..., to be before me or my justices at a certain place on a
certain day, ready to declare on oath whether N. or R. has the
greater right in one hide of land (or other things claimed) which
the aforesaid R. claims against the aforesaid N., who is tenant,
and in respect of which the aforesaid N., who is tenant, has put
himself upon my assize and has sought a recogniton to determine
which of them has the greater right in the things claimed. And
meanwhile the twelve shall view the land (or tenements from which
the services are demanded). And summon by good summoners N., who
is tenant, to be there to hear the recogniton. Witness..." The
claimant could object to any of the twelve knights for just cause
as determined by the court. Each of the twelve gave an oath as to
whether the plaintiff's or the defendant's position was correct.
This oath was not to speak falsehood nor conceal truth according
to knowledge gained by eye-witness or "by the words of their
fathers and by such words as they are bound to have such
confidence in as if they were their own". If any did not know the
truth of the matter, others were found until twelve agreed [the
recognitors] on which party had the greater right. Perjury was
punished by forfeiture of all one's goods and chattels to the king
and at least one year's imprisonment. If the tenant in court
vouched another to warranty, such as the lord to whom he paid
homage, that warrantor would stand in his place in the
proceedings.
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