Bracton: Thorne Edition: English. Volume 3, Page 260

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Bracton Online -- English

Volume 3, Page 260

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[001] [[or] several successively, from warrantor to warrantor,] in which case, if one of the
[002] several defaults let the assise be taken on the default of one as though all had failed
[003] to appear,¹ whether some are within age or not.² Several tenants may vouch one
[004] warrantor or several. Several tenants may vouch several warrantors. The writ for
[005] summoning a warrantor is this.

The writ for summoning a warrantor.

[007] ³‘The king to the sheriff, greeting. Summon A. by good summoners to be before our
[008] justices itinerant (or⁴ ‘specially appointed for this purpose’ or ‘the justices of the
[009] bench’) at such a place on such a day to warrant to B. so much land with the appurtenances
[010] in such a vill which C. in our court before our same justices claims against the
[011] same B. by an assise of mortdancestor there summoned between them, as to which the
[012] same B. in our same court before our same justices vouched the said A. to warranty
[013] against the aforesaid C. And have there the summoners and this writ. Witness etc.’
[014] If several warrantors resident in the same county are vouched, let them all be summoned
[015] at the same time by one writ; if in different counties, then let each have his
[016] own writ, provided that they are so interlaced that mention is made in each of all the
[017] warrantors, in this way:

An interlaced writ for summoning a warrantor when the vouchee is resident outside the county.

[019] ‘Summon A. by good summoners to be before etc. (as above) together with C. and D.
[020] to warrant to B. so much land etc. (as above, so that each writ agrees with the other
[021] and mention is made in each of all the warrantors).’⁵

Of essoins after voucher to warranty

[023] On their day they may ession themselves, together and at one time or in turn, so
[024] that each may have a single ession before they answer to the warranty,⁶ unless they
[025] appear on the first day and willingly wish to answer. If the warrantors and the
[026] demandant appear on the day of summons but the tenant does not, let the assise
[027] proceed⁷ at once and be taken by default, if the jurors are present; if not, let another
[028] day be given, and let the warrantors, when they have presented themselves up to the
[029] fourth day, withdraw on the fourth day quit of their warranty, nor may the tenant
[030] say anything further, as to why the assise may remain.⁸ Why does the demandant
[031] not recover at once and without the assise by the tenant's default? I do not see why
[032] not,⁹ but the reason [may be] because some or all of the clauses of the writ may be
[033] false, and though prima facie the thing ceases to belong to the tenant the

Notes

1. Infra 265, 266

2. Infra iv, 227

3. Infra iv, 199

4. ‘vel’

5. Infra iv, 205

6. Infra iv, 201

7. ‘procedat’

8. Infra 266

9. ‘Non video quare non’