Bracton: Thorne Edition: English. Volume 4, Page 235

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Volume 4, Page 235

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[001] vouches a warrantor in Ireland who has nothing in England by which he can be distrained;
[002] let a writ then be drawn as above, and let it contain the whole record with
[003] both warranties, and so [for further vouchees] ad infinitum. And let the converse be
[004] done [for vouching] in Ireland [one who resides] in England. [Unless one says that
[005] the warrantor ought at once to be distrained to appear¹ in England and warrant, his
[006] delays being allowed him.] If there is a liberty where the king's writ does not run, let
[007] the lord of the liberty be ordered in the same way, as described above, or let him be
[008] distrained by his lands, within the liberty or without, to cause the warrantor to come
[009] and warrant,² because a king who gives a liberty does not subject his royal power to a
[010] servitude, though he restrains it as a matter of grace.

If the warrantor disputes the warranty, and the charter produced is challenged, let the tenant³ put himself on the country and the witnesses named in the charter.

[012] When the vouchee wishes to dispute the warranty and the vouchor, in support of his
[013] claim, produces a charter in court, against which the exception is raised that it is insufficient
[014] or a forgery, he who produces the charter must show that it is sufficient and
[015] genuine. If the writing and seal are challenged and the gift denied, and he who produces
[016] the charter says that the gift was properly made and the charter is genuine, let
[017] him put himself on the witnesses named in the charter and on the country. Let an
[018] inquest then be made by this writ: ‘The king to the sheriff, greeting. Summon by
[019] good summoners A., B. and C., the witnesses named in the charter which D. proffers
[020] in our court before our justices etc. under the name of E. with respect to so much land
[021] with the appurtenances in such a vill, and also eight, knights as well as other free,
[022] lawful and prudent men of such a neighbourhood, to be before our justices at such a
[023] place on such a day to recognise upon their oath whether or not the said E. gave that
[024] land to the said D. and made him his charter therefor, and took his homage therefrom
[025] and put that D. in seisin thereof, as the said D. says, or did not, for both D. and E. have
[026] put themselves on that jury with respect thereto. And meanwhile let them so inform
[027] themselves that they may the more fully certify our said justices thereof at the day
[028] aforesaid. And have there the names of the knights and this writ. Witness etc.’

Let the witnesses be summoned. But what if they are resident in different counties?

[030] ⁴If the witnesses are resident in different counties let an interlaced⁵ writ issue to each
[031] sheriff separately in this form, provided that the knights are assumed from the county
[032] where the land is situated. ‘The king to the sheriff,

Notes

1. ‘veniat’

2. Supra 199

3. ‘tenens’

4. This portion, in which warranty is not mentioned, is called ‘the credit to be given charters and other instruments if impugned in court,’ supra ii, 121

5. Supra ii, 217, infra 239-40

If the warrantor disputes the warranty, and the charter produced is challenged, let the tenant3 put himself on the country and the witnesses named in the charter.

Let the witnesses be summoned. But what if they are resident in different counties?

Notes

If the warrantor disputes the warranty, and the charter produced is challenged, let the tenant³ put himself on the country and the witnesses named in the charter.