Bracton: Thorne Edition: English. Volume 4, Page 29

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Volume 4, Page 29

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[001] because it is not in agreement with the truth. [Some wish to force the tenant to
[002] vouch the other, he whom he named, to warranty, which is not to be granted, for if
[003] he were bound to vouch him to warranty and he warranted, he could vouch another,
[004] and the other a third, and so ad infinitum, up to a thousand.¹ Thus the writ of entry
[005] would not be confined within its limits and its degrees, nor has the tenant any need to
[006] vouch him to warranty since the writ falls by the exception, since he does not have
[007] his entry through him named in the writ, nor does he need another to defend him in
[008] his possession, since his own exception suffices for his defence.] ²<But in truth the
[009] tenant may well renounce the exception against the writ if he so wishes, and save the
[010] writ, though this will be to his damage rather than his advantage, and vouch a
[011] warrantor other than him named in the writ. But he may not be compelled to do so,
[012] only if he wishes to renounce the exception. And that he may do so if he wishes is
[013] proved in the roll of [ ] term.> That the writ ought to fall in this case may be
[014] found [in the roll] of Easter term in the seventh year of king Henry in the county
[015] of Buckingham, [the case] of Guynde de Windsor.³ And to the same intent [in the
[016] roll] of the same term in the county of Kent, [the case] of Alice the wife of Richard,⁴
[017] and in many other places.⁵ But when the entry is as the demandant says, the tenant
[018] may well, when he has acknowledged the entry, vouch his warrantor, through whom
[019] he had his entry, and each his own warrantor up to the fourth degree but not
[020] beyond, provided the tenant holds for life, as a free tenement, or in fee to himself and
[021] his heirs, or in fee farm, or the like. ⁶[In truth if the writ is impetrated against a
[022] farmer it does not fall, because he may vouch a warrantor, for if he could not, the
[023] usufructuary would thus lose the usufruct, which would be unjust, since he has as
[024] much right in the usufruct as an owner in the free tenement. When the writ comes
[025] against him let him vouch a warrantor, and if he is defended he will retain the
[026] usufruct. If not, he will have recourse against his warrantor with respect to the
[027] usufruct, and his warrantor, if he vouches over and is warranted, with respect to
[028] the free tenement and escambium.] If for a term of years I think something else
[029] must be said, since he does not hold the tenement in demesne, according as only a
[030] usufruct is claimed, and so a fortiori if he holds from year to year.⁷ Quaere if it is
[031] claimed against an abbot or prior or other religious, his proper name being expressed
[032] or not expressed, and it is said ‘and in

Notes

1. Supra iii, 160

2. Supra i, 410; belongs infra n. 5

3. Not in B.N.B.; no roll extant

4. Not in B.N.B.; no roll extant

5. Supra n. 2

6. Belongs infra at n. 7; infra 42, 193

7. Supra n. 6