Harvard Law School Library

Bracton Online -- English

Previous   Volume 4, Page 207  Next    

Go to Volume:      Page:    




[001] in such a vill against B. as his right, the same B. came into our same court before the
[002] same justices and vouched C. of N. to warranty, who when summoned made default
[003] in the same court, whereupon the same A. recovered his seisin of the aforesaid land
[004] against the same B. Therefore we order you to cause the same B. to have escambium
[005] to the value from C.'s land in your county, as near as may be to the1 land of that B.
[006] Witness etc.’ When several warrantors are vouched and some default and some do
[007] not, let the writ then be drawn in this form.

If there are several warrantors, some of whom default and some do not.


[009] ‘The king to the sheriff, greeting. Know that when A. in our court etc. (as above) the
[010] same B. came etc. (as above) and vouched thereof to warranty C. and D., who were
[011] summoned in our same court before our said justices where the same C. defaulted
[012] against the same B. so that before our said justices etc. the aforesaid A. recovered
[013] against the same B., by reason of the default, his seisin of one half of all the land with
[014] the appurtenances. Therefore we order you without delay to cause the same B. to
[015] have escambium to the value of the half aforesaid out of that C.'s land in your bailiwick
[016] as near as may be to that B.'s land. Witness etc.’

If after summonses and essoins, when the tenant has essoined himself and the warrantor has appeared, or some of the several [warrantors] have appeared and thus have a day in the Bench and afterwards default, let there be taken from their land etc., and let the enrolment be made thus.


[018] If a warrantor after summons or after his essoin cast has once appeared in court,
[019] perhaps when the tenant has essoined himself, or when several warrantors have been
[020] vouched [and they] have essoined themselves, together or successively, and some have
[021] appeared in court and thus have a day in the Bench and afterwards make default, by
[022] that default let [land] to the value of the land claimed be taken from their land, or to
[023] the value of part of it, according as one warrantor has been vouched or several, by the
[024] little cape in the form stated above [in the portion] on demandant and tenant, when
[025] the tenant defaults after he has once appeared in court.2 And let the enrolment regarding
[026] the warrantor be made thus: ‘B. offered himself on the fourth day against C.
[027] with respect to the plea that he warrant to him so much land with the appurtenances
[028] in such a vill which A. of N. in our court etc. claims as his right against the same B.3
[029] (or ‘which such a woman claims as her dower against the same B.’) and as to which
[030] the same B. in our court vouched



Notes

1. Om: ‘tali’

2. Supra 167

3. ‘B’


Contact: specialc@law.harvard.edu
Page last reviewed April 2003.
© 2003 The President and Fellows of Harvard College