Bracton: Thorne Edition: English. Volume 4, Page 208

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Volume 4, Page 208

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[001] etc. (as above.)¹ And the same C. did not come, and he had a day in the Bench after he
[002] had appeared in court etc. Judgment etc. Let land to the value be taken from C.'s
[003] land and let him be summoned to appear on such a day to hear his judgment,’ by the
[004] little cape which is as follows:

Take to the value from the warrantor's land: the little cape.

[006] ²‘The king to the sheriff, greeting. Seize into our hand from the land of C. in your
[007] bailiwick, because of the said C.'s default, [land] to the value of so much land with the
[008] appurtenances in such a vill which A. of N. in our court etc. before our justices etc.
[009] claims as his right against B., and as to which the same B. in our same court before
[010] our justices etc. vouched the said C. to warranty against the said A. And summon the
[011] aforesaid C. by good summoners to be before our justices on such a day to hear his
[012] judgment thereof. And have there the summoners and this writ. Witness etc.’ If he
[013] does not come on that day he will lose land to the value of the land claimed against B.
[014] by default and A. will recover the land claimed against B. Let the enrolment be made
[015] thus: ‘B. offered himself on the fourth day against C. with respect to a plea that he
[016] warrant him so much land with the appurtenances in such a vill which A. claims etc.
[017] (as above) against B. and as to which the same B. vouched the same C. to warranty.
[018] C. did not come and at another time had defaulted after he had appeared in court, so
[019] that the land was taken into the lord king's hand etc. and C. was summoned to hear
[020] his judgment. And therefore it was decided that A. recover his seisin against B. and
[021] that B. be in mercy. And let him have escambium to the value from the land of the
[022] said C.’ And let seisin be given to each of them in the form aforesaid, that is, seisin of
[023] the thing sought to A. and of the escambium to B.³

Of husband and wife when they are vouched to warranty together and one of them defaults.

[025] But what shall be said of a husband and wife when they have been vouched to warranty
[026] together and one of them then defaults? It will be as though both had defaulted,
[027] [the land will be seized] by the great or the little cape according as they default before
[028] they have appeared⁴ or after. But when they have essoined themselves successively,
[029] and one has taken a day in the Bench when the other essoined himself and then both
[030] default, [though] for the default of both the land must be taken into the lord king's
[031] hand, we must see whether by the great or little cape, because with respect to him
[032] who did not appear it is evident that

Notes

1. Supra 206-7

2. Supra 167

3. An addicio found in LA and MC is omitted here (supra i, 417): ‘cum christianus vel judaeus qui terram non habuerint numquam distringi possint cum vocati fuerint ad warantizandum, praecipiatur vicecomiti quod habeat corpora eorum, quia ibi non poterit captio terrae fieri ad valentiam. Judaeus vero nihil proprium habere potest, quia quicquid acquirit non sibi acquirit sed regi, quia non vivunt sibi ipsis sed aliis et sic aliis acquirunt et non sibi ipsis.’ Its substance appears again infra 211

4. ‘comparuerint’