Bracton: Thorne Edition: English. Volume 4, Page 205

Harvard Law School Library

Bracton Online -- English

Volume 4, Page 205

Next

Go to Volume: Page:

[001] the son and heir of such a woman and ought to revert to him after the said A.'s death,
[002] [land] to the value of so much land with the appurtenances in the said vill which C. in
[003] our court etc. claims as his right against D. and as to which the said D. in our same
[004] court etc. vouched the aforesaid A. to warranty together with the aforesaid B. against
[005] the same C., because the same B. said that he held nothing of his mother's inheritance
[006] but the said A. holds it by the law of England, without whom he cannot answer concerning
[007] the said warranty. And the day etc. And summon etc. Witness etc.’

If several warrantors make default.

[009] What is said of a single warrantor may be said of several if several default, according
[010] as they have lands in the same or in different counties; and there,¹ if in different counties,
[011] let them be summoned thus: ‘The king to the sheriff, greeting. Summon A. by
[012] good summoners to be before our justices etc. together with C. of such a county to
[013] warrant to B. of N. so much land with the appurtenances in such a vill etc. (as above).’²
[014] And so of three or more warrantors. If all default, let land to the value be taken from
[015] the lands of all, according as they hold severally or in common, an extent being made
[016] according as they are all resident in one county or in several.

If the warrantors are resident in different counties [and one defaults, let land be taken for his portion of the warranty], a valuation having first been made.

[018] If one of several warrantors defaults before appearance and the others appear, the
[019] absence of the one will not prejudice the others, though this in not true in the case of
[020] husband and wife,³ but let those who are present defend their cause. But for the default
[021] of the absent warrantors let land to the value be seized into the king's hand from
[022] his land to the extent of his portion of the warranty, a valuation having first been
[023] made of the land claimed from the tenant. Let this writ be drawn: ‘The king to the
[024] sheriff, greeting. Seize into our hand (precisely as above,⁴ up to this clause) and as to
[025] which such a one [E.] in the same court vouched such a one [D.] to warranty, with A.
[026] B. and C., his co-heirs and parceners. Witness etc.’ If he does not appear on the second
[027] summons,⁵ he will lose his land taken into the lord king's hand by judgment, their
[028] exceptions and answers being saved the others.

Notes

1. ‘ibi’

2. Supra iii, 260

3. Infra 208

4. Supra 203

5. ‘summonitionem’