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[001] he admits that the summons was rightful.1 Nor [can he deny it] after resummons,
[002] because if the summons was not lawful, the resummons and the day given by the
[003] judge cannot be called unlawful. If the summons was not rightful but is not challenged
[004] by the tenant when he appears, [the action] must proceed as though it were rightful.2
[005] Even if the judge knows that it is unlawful he will be under no obligation on that
[006] account to give the tenant an exception.] When both parties are present in court
[007] and oyer of the writ is asked, if it has been lost by the negligence of the clerks or the
[008] sheriff the assise will not remain because of that, provided it has once been read and
[009] heard before the justices or in the county court, so that the jurors were chosen and a
[010] view of the land made, if that is attested before the justices.3

What is to be done if the original writ has not been shown because it has been lost.

[012] If a justice has been specially assigned to take an assise and the original writ has
[013] been lost, that will not be prejudicial if the justice shows his warrant, since the
[014] original is contained in the warrant, but the converse is not true, that is, if the warrant
[015] is lacking [but the writ is not] that the assise may proceed, unless [the judge] is, so to
[016] speak, a major justice sent from the side of the lord king ad hoc.

If a tenant vouches a warrantor in an assise of mortdancestor; what the law is if the warrantor is within age.4

[018] When both the demandant and tenant are present in court [and] the tenant has a
[019] warrantor and defender who is bound to defend him in his seisin against the demandant,
[020] [let him be summoned] [When he vouches him to warranty we must
[021] [first] see whether the warrantor is of full age or within age, for if within age the
[022] tenant must show why he ought to warrant, charters or homage taken by his ancestor
[023] or other matter, lest the voucher be frivolous or deceitful,5 which is also true in the
[024] case of an adult, though he may be vouched to warranty without a charter.] by aid
[025] of the court, if aid is sought; if it is not, let him who vouched cause him to appear.
[026] Let the same be done with respect to a minor, once it is established that he ought
[027] to warrant, though when he appears he is not bound to answer to his ancestor's
[028] charters before his full age. 6The writ for summoning a warrantor resident outside the
[029] county is this.7 If [he is resident] within it he may be summoned without writ. One
[030] tenant may vouch several warrantors, who stand in the place of a single heir as a
[031] single body,


1. Supra 253

2. Infra iv, 64

3. Supra 82, 142; B.N.B., no. 1552

4. Rubric from below

5. Infra iv, 194

6. New paragraph

7. Infra 260

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