Harvard Law School Library

Bracton Online -- English

Previous   Volume 4, Page 234  Next    

Go to Volume:      Page:    

[001] He ought also to produce without aid of the court those who are within his own
[002] potestas, though they reside within the realm and are within the king's coercive power,
[003] as his wife and children and others whom he may command.1 Suppose that a tenant
[004] impleaded in England vouches a warrantor resident in Ireland or in Wales, within the
[005] king's potestas and where his writs run, [may he do] this by aid of the court? It is submitted
[006] that aid ought to be given him, and that the principal plea ought to remain in
[007] suspense and sine die until the plea of warranty has been determined in Ireland, and
[008] let the tenant sue the plea of warranty or lose by default. Let the lord king's writ to
[009] his justices in Ireland be drawn in this form.

If one impleaded in England has vouched a warrantor resident in Ireland.

[011] ‘The king to his beloved and faithful such a one, justice of Ireland, greeting. Know
[012] that when A. in our court before our justices at Westminster claimed against B. so
[013] much land etc. as his right, the same B. came into the same court before etc. and said
[014] that he held that land of the gift of C. (or of some ancestor of the same C. whose heir
[015] that C. is) by his charter which he there produced, and vouched the said C. to warranty
[016] thereof against the same A. by aid of our same court. And because the same C.
[017] is resident in Ireland under our potestas and has no land in England [by which] he can
[018] be summoned and distrained, we order you to cause the said C. to be summoned, at a
[019] certain day and place as you deem expedient, to warrant the said land to the said B.
[020] or show why he is not obliged to warrant, and transmit to us without delay by your
[021] sealed letters the record of that plea concerning the said warranty, according as it was
[022] pursued before you. And return to us this writ together with the record. And if the
[023] said C. ought to warrant, give him a day before us to hear the record and his judgment
[024] with respect to the said warranty and to answer the same A. in the principal plea.
[025] Witness etc.’

If the warrantor does not come and defend his tenant.

[027] If C. does not come to England and defend his tenant against A., A. will recover the
[028] land sought against B. and B. will have escambium to the value from C.'s land in
[029] Ireland. If2 C. comes to England and defends B. against A., B. will hold in peace and
[030] C. will be quit of escambium. But suppose that when C. has warranted in England he


1. Supra 193, 199

2. ‘Si’

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