Bracton: Thorne Edition: English. Volume 4, Page 202

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Bracton Online -- English

Volume 4, Page 202

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[001] let land to the value be taken into the king's hand from the land of the same B. And
[002] the day etc. And let B. be summoned to appear on such a day to answer thereto and
[003] to show etc. (as above [in the portion] on defaults).¹ The same day was given to such
[004] a one, the demandant in the Bench.’

Writ for taking a warrantor's land to the value into the king's hand by reason of his default: the great cape.

[006] ‘The king to the sheriff, greeting. Because of his default seize into our hand by the
[007] view of lawful men of your county land belonging to A. in your bailiwick to the value
[008] of so much land with the appurtenances in such a vill which B. of N. in our court etc.
[009] claims as his right against C., as to which the same C. in the same court before our
[010] justices etc. vouched the same A. to warranty against the same B. And the day of the
[011] taking etc. And summon A. by good summoners to be etc. (as above).’² The same day
[012] will be given to both the demandant and the tenant if they are present in person or by
[013] attorneys, or by essoiners if they have essoined themselves. But if the warrantor who
[014] has defaulted does not have land from which land to the value may be taken in the
[015] same county where the land is claimed but in another, and it cannot be known [in the
[016] other] how much land the sheriff ought to take into the lord king's hand in his county
[017] because he does not know the value of the land claimed in the other county, an extent
[018] must first be made of the land claimed and then let the sheriff of the other county be
[019] told how much land he ought to take because of the warrantor's default. Let the extent
[020] be made by this writ:

If the land claimed is in one county and the warrantor's land is in another, let an extent then be made.

[022] ‘The king to the sheriff, greeting. We order you to go in your own person, taking with
[023] you twelve, knights as well as other lawful and prudent men of such a neighbourhood,
[024] to such a place and by their oaths cause to be extended and valued so much land in
[025] such a vill etc.’ Or in another way and more briefly: ‘We order you to cause to be extended
[026] and valued by the oaths of good and lawful men of your county so much land
[027] with the appurtenances in such a vill which such a one claims in our court etc. and as
[028] to which such a one vouched such a one to warranty etc. And cause that extent and
[029] valuation to be communicated [to our justices] on such a day (or ‘without delay’)
[030] clearly, distinctly and openly, by your sealed letters and by two lawful and prudent
[031] men of those by whom that extent and valuation

Notes

1. Supra 149

2. Supra iii, 262, iv, 149