Bracton: Thorne Edition: English. Volume 4, Page 233

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Volume 4, Page 233

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[001] ten pounds a year. Therefore we order you without delay to cause the same B. to have
[002] and to be assigned in escambium for the said land, from the land of that C. in your
[003] county, ten librates of land by the view of lawful men of your county and by a reasonable
[004] extent. And make known to us, by your sealed letters and by two or those by
[005] whose oaths that valuation and assignment has been made, what and where and by
[006] what parcels you have assigned that land to him. And have there this writ and the
[007] names of those by whom etc. Witness etc.’ If the extent is challenged, let the procedure
[008] be [as elsewhere, of extents.]¹

A case where one may have the principal thing and escambium as well.

[010] In certain circumstances one may have the principal thing and escambium as well.
[011] For example, a chief lord, in possession of land by reason of the wardship of two
[012] brothers, enfeoffs the younger of that land; the older brother brings an assise of mortdancestor
[013] against the younger and the latter vouches the chief lord to warranty;
[014] when he has warranted, the older recovers seisin against him and the chief lord gives
[015] escambium to the younger. The older having died without an heir of his body, the
[016] chieflord seizes the land into his own hand; the younger brother claims it against him
[017] by an assise on the death of his brother and the chieflord objects that he cannot claim
[018] the land since he has escambium therefor. In truth he may [claim] the land in demesne
[019] because of the descent and also retain the escambium because of the feoffment; thus
[020] both, but on different grounds.

If a tenant vouches a warrantor resident outside the realm who has nothing in the realm by which he may be distrained; if he is beyond the potestas of the king let him produce him, if he so wishes, because he will not have help.

[022] We have spoken above of those who vouch a warrantor by aid of the court, within the
[023] realm, where the lord king has the power to distrain the vouchee to come and warrant.²
[024] Now we must explain what happens if the tenant vouches a warrantor resident
[025] outside the realm, who has nothing in the realm of England by which he may be distrained.
[026] We must see whether the king has the power to distrain him or does not; if
[027] not, as where he is in the potestas of the king of France or Germany and the like, even
[028] though aid is granted to him who seeks it, it will be worthless: the tenant³ must produce
[029] him himself, otherwise he will remain in default.

Notes

1. Supra ii, 211

2. Supra 191, 199

3. ‘tenentem’