Bracton: Thorne Edition: English. Volume 4, Page 190

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Volume 4, Page 190

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If an inquest is made, then thus.

[002] ¹‘The king to the sheriff, greeting. We order you to cause A. the servant of such a
[003] one and his attorney in the plea between that person and such a one with respect to
[004] so much land with the appurtenances etc. to come before our justices etc. on such
[005] a day. And also, with him, A. B. C. and D. upon whom the aforesaid have put themselves,
[006] and in addition four of those who were present at the view which the aforesaid
[007] A., the attorney of such a one, the demandant, made to such a one, the tenant,
[008] that is, of meadow (or ‘land with the appurtenances’) in such a vill, which meadow
[009] (or ‘which land’) he claims as his right against the other, to certify our aforesaid
[010] justices as to what and how much meadow (or ‘land’) the same A, the attorney of
[011] such a one, the demandant, put in his view, as to which the aforesaid tenant says
[012] that the said A. only put in his view so much meadow (or ‘land’) and the said A.
[013] says that he put in his view so much meadow (or ‘so much land’) in different places
[014] and by so many parcels. And in the meantime let them certify themselves, that
[015] they may more fully certify our aforesaid justices on the same day. And have there
[016] this writ. Witness etc.’

Having had the view let the tenant vouch a warrantor, if he has one and wishes to do so.

[018] When he has had the view, the tenant can decide at once whether he holds all the
[019] land claimed or part of it or none. If he holds nothing therein, in demesne or in
[020] service, or only a part,² let him depart quit of that writ. If he holds the whole, let
[021] him answer forthwith on his day, or if he has a warrantor, let him vouch him, that
[022] he may defend him in his seisin,³ since it will sometimes be better and safer for the
[023] tenant to vouch a warrantor than to risk the danger of defending the suit himself,
[024] since there may be more exceptions, and exceptions of other kinds, available to the
[025] warrantor than to the tenant.⁴ Let us therefore first treat of the warrantor and his
[026] voucher.

Notes

1. B.N.B., no. 595 (Trin. 15); C.R.R., xiv, no. 1741

2. Om: ‘quod’ . .

3. ‘Si totam . . . defendat,’ from lines 20-22; om: ‘ut,’ ‘Sed’

4. Infra 231