Bracton: Thorne Edition: English. Volume 3, Page 365

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Volume 3, Page 365

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[001] men of your county land to the value of so much land with the appurtenances in such
[002] a vill which A. who was the wife of B. claims in our court etc. as her dower against
[003] C., as to which the same C. in our court etc. vouched him to warranty against the
[004] aforesaid A.¹ And the day of seizure etc. (as above). And summon etc. the aforesaid
[005] vouchee to appear on such a day etc. (as above). Witness etc.’² If he does not appear
[006] on that day, the woman will recover her seisin and the tenant escambium from the
[007] land of the warrantor. If he does appear but cannot cure his default, he will lose in
[008] like manner. But if when he comes he warrants at once, let the plea thereafter proceed
[009] between the warrantor and the woman demandant, and let the tenant remain at
[010] home with his seisin until the principal plea is settled. Depending upon the result
[011] there reached, the tenant will retain or lose. If [the warrantor] has no valid reason
[012] for resisting, he will of necessity have to recognize that the land claimed is the woman's
[013] dower, and if she was specifically endowed he who lost will be required to
[014] deliver it out of the tenant's hand (no matter in whose fee it lies) and the tenant will
[015] have escambium to the value.³ But if it is not specified dower, then let the tenant
[016] hold in peace and the woman will have to the value from the land of the warrantor,
[017] whether he is the heir or another. If there is disagreement as to whether the dower
[018] was specified or not, let an inquest be taken and judgment given in accordance with
[019] its finding. [It is clear that only rarely is age awaited in a claim of dower. Hence if an
[020] heir within age is vouched to warranty, and it can be established by the production
[021] of charters or in some other way that he against whom dower is claimed was enfeoffed
[022] by the ancestors of the minor, let judgment proceed forthwith, notwithstanding his
[023] age, just as it would proceed against one of full age, whether the woman was specifically
[024] endowed or not.] When the woman has recovered, let a writ de seisina habenda
[025] be drawn for her in this form, for a specified⁴ dower.

A writ for giving seisin to a woman when she has recovered dower.

[027] ‘Henry by the grace of God etc. Know that when in our court etc. A. who was the
[028] wife of B. claimed against C. so much land with the appurtenances in such a vill as
[029] her specified dower, the same C. came into the same court and vouched D. to warranty,
[030] the son and heir of the aforesaid B. the husband of the same A., who is under
[031] age, who came and warranted him and showed no reason why she ought not to have
[032] her dower. Hence it was decided in our same court that the aforesaid A. should
[033] recover her seisin of the aforesaid land with the appurtenances, as her specified dower,
[034] against the same C.⁵ and that the aforesaid C. have land to the value from that of
[035] the same D. And therefore we order you

Notes

1. ‘A’

2. Infra iv, 149

3. Supra ii, 270, infra 368

4. ‘nominata’

5. ‘C’