Bracton: Thorne Edition: English. Volume 4, Page 201

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Bracton Online -- English

Volume 4, Page 201

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[001] for the stepfather's lifetime,¹ but let him be summoned to be etc. to hear the court's
[002] decision with respect to the said warranty, or to warrant with the said heir, by the
[003] following writ.

If an heir vouched to warranty holds nothing of his maternal inheritance but his stepfather holds it, let both be summoned, whether the heir is of age or a minor.

[005] ‘The king to the sheriff, greeting. Summon A. by good summoners to be before our
[006] justices etc. to hear the decision of our same court with respect to a warranty of so
[007] much land with the appurtenances in N. which B. in our court etc. claims as his right
[008] against C.’ Or thus: ‘to warrant to E,² together with C., the son and heir of such a
[009] woman, so much land with the appurtenances in N., which land B. in our same court
[010] before our same justices etc. claims as his right against E., and as to which the same
[011] E. in our same court etc. before our same justices has vouched the said C.³ to warranty
[012] against the same B.⁴ and as to which the same C. says that he holds nothing of the
[013] inheritance of such a one his mother and cannot answer to the warranty without the
[014] aforesaid A. who holds that inheritance for his life by the law of England.’

They may essoin themselves.

[016] On the day of the lawful summons of fifteen days, each of them, demandant, tenant
[017] and warrantor, may essoin himself if he wishes, together or successively, provided
[018] that each of them has a single essoin, as said above [in the portion] on essoins.⁵ If on
[019] the day of the summons the demandant defaults, the tenant being present and offering
[020] himself for the suit, the tenant will depart quit of that writ, as is more fully explained
[021] above [in the portion] on defaults.⁶ In the same way if the tenant defaults, let
[022] the land be seized into the lord king's hand, as above. But if the warrantor defaults
[023] before he has appeared in court, both demandant and tenant being present, let land
[024] to the value of the land claimed be taken into the lord king's hand from the warrantor's
[025] land, if he has land in that county. And so if the tenant has essoined himself. And
[026] let the enrolment be made thus: ‘A. the tenant (or ‘E.⁷ the tenant's essoiner’) offered
[027] himself on the fourth day against B. with respect to the plea that the same B. warrant
[028] him so much land with the appurtenances in such a vill which C. claims as his right
[029] against him and whereof the same A. in our court etc. vouched that B. to warranty
[030] against the said C. And the aforesaid B. did not come. And he was summoned etc.⁸
[031] Judgment:

Notes

1. Infra 204

2. ‘E’

3. ‘C’

4. ‘B’

5. Supra 88

6. Supra 161

7. ‘E’

8. ‘summonitus’