Harvard Law School Library

Bracton Online -- English

Previous   Volume 4, Page 59  Next    

Go to Volume:      Page:    

Another pone concerning services and customs at the petition of the demandant.

[002] ‘The king to the sheriff, greeting. At the petition of the demandant put before our
[003] justices at Westminster on such a day the plea which is in your county court by our
[004] writ between A. the demandant and B. the deforciant with respect to the customs and
[005] services which the same A. demands from the aforesaid B. from his free tenement
[006] which he holds of him in such a vill etc. And summon the aforesaid B. by good summoners
[007] to be there to reply to the aforesaid A. with respect to it. And have there the
[008] summoners and this writ and the other writ. Witness etc.’ It says ‘the other writ’ for
[009] this reason, as where the plea is in the county court by some writ close between persons
[010] for a debt or other thing, and thus is not [a writ] patent, which ought to remain
[011] with the demandant. But suppose the tenant vouches to warranty in the county court
[012] before the plea has been put before the justices of the bench, so that the warrantor has
[013] a day before the justices itinerant because he did not warrant at once at the sheriff's
[014] order; will mention not be made in the pone of the warrantor? No, because in the
[015] king's court, after essoins and delays, the demandant will begin to count against the
[016] tenant, since the warrantor has not yet warranted in the county court, and the tenant
[017] will then begin to vouch his warrantor anew; the day given before the justices itinerant
[018] will be null. This writ of pone seldom issues at the petition of the tenant, as was
[019] said above, unless with cause, which may be of many kinds, as where a tenant has
[020] been for a long time in parts across the sea, or is so weak that he cannot appear in the
[021] county court, or, on the other hand, if the demandant is related to the sheriff, or his
[022] servant or close follower, or if he is very powerful and a buzo of the county.1 A pone of
[023] that kind is drawn thus, with the reason expressed.

Pone at the petition of the tenant, with the reason.

[025] ‘The king to the sheriff, greeting. At the petition of the tenant, because he is in parts
[026] abroad, (or ‘because the demandant is a friend or follower of the sheriff’ or the like),
[027] put before our justices on such a day the plea pending in your county court by our
[028] writ of right between A. the demandant and B. the tenant concerning so much land
[029] with the appurtenances in such a vill. And instruct the aforesaid A. to be there at that
[030] time ready to prosecute his suit against the aforesaid B. if he wishes. And have there
[031] this writ. Witness etc.’ And note that if the tenant, for whatever reason, has sued out
[032] his pone before the justices, and on the first day before them defaults, he will have to
[033] waive his pone or lose by default. Suppose that the demandant defaults on the first
[034] day,


1. Supra ii, 327

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