Bracton: Thorne Edition: English. Volume 4, Page 55

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Volume 4, Page 55

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[001] the view, and as to exceptions and replications, let the practice be that described below,
[002] and in the same way. If a warrantor is vouched in the county court, the county
[003] will not have power to summon him to warrant without the special precept of the
[004] lord king, in which case recourse must be had to the court for a writ of warranty,
[005] which will be this.

If a warrantor is vouched in the county court.

[007] ‘The king to the sheriff, greeting. Order such a one [A.] that rightfully and without
[008] delay he warrant to such a one [B.] so much land with the appurtenances in such a vill
[009] which such a one [C.] claims as his right in our court etc. and of which etc. (as below
[010] among the writs of warranty).¹ And unless he does so [order him] to be present at the
[011] coming of the justices etc.’ If he warrants in the county court it will be well. If not, a
[012] day will then be given the parties at the coming of the justices, where the plea of
[013] warranty will be determined by this writ. When he has warranted, the principal plea
[014] will again be remitted to the county court, that it may there be determined if the
[015] justices so wish. But both pleas may be determined before them as a matter of grace,
[016] if they wish, even without a pone. If the warrantor is within age, the principal plea
[017] will remain in suspense in the county court, as will the plea of warranty before the
[018] justices, until the warrantor reaches full age, so that he may answer to the warranty.²
[019] If the tenant wishes to defend himself in the county court by the duel,³ [let it be done
[020] in the same way [as] in essoins and other matters, as below of duels.]⁴

If the tenant has put himself on the grand assise in the county.

[022] When a tenant has put himself on the grand assise in the county court, a day will be
[023] given him at another county court, within which he ought to sue out a writ of peace
[024] until the coming of the justices,⁵ which he cannot do by another, since he is bound to
[025] swear in his own person that he is the tenant and has put himself on the grand assise
[026] in the county court. If he does not so aid himself before the next county court, or is
[027] not essoined but defaults, he may lose by default, saving him his recovery, of whatever
[028] kind he is entitled to have. Let the demandant do the same on his side, let him
[029] sue out a writ for summoning the grand assise before the justices at the same term, as
[030] will be explained below.⁶ The writ for having peace in the county court will be this.

The writ of peace pending the coming of the justices.

[032] ⁷‘The king to the sheriff, greeting. We forbid you to hold the plea which is in your
[033] county between A. the demandant and B. the tenant with respect to so much land
[034] with the appurtenances in N. which the same A. claims against the said B. by our writ
[035] of right, unless the duel has been waged therein, because the same B., the tenant,

Notes

1. Infra 199

2. Infra 194

3. Deleted

4. Not dealt with in treatise

5. Richardson in L.Q.R., liv, 383-8

6. Infra 57

7. Richardson, 396, 398