not;1 if he has, that the tenant have escambium, [and] if not, that the tenant retain  by the assise and the warrantor be quit of escambium. For it would not be just that  the tenant have both the tenement he had before and escambium though the warrantor  defaulted. For that reason the assise must always be taken. It will always be  necessary to ascertain2 whether the tenant has just cause for claiming and for  vouching3 a warrantor or not.
Another writ on the same subject while
[the tenant] was in seisin.  The king to the sheriff, greeting. Seize into our hand by the view of lawful men etc.  from the land of A., because of the default of the same A., land to the value of a  third (or fourth) part of so much land with the appurtenances in such a vill in such a  county which B. in our court etc. recovered against [C.] by assise of mortdancestor  etc., and as to which the same C., while he was in seisin, vouched the aforesaid A.  and D. and E. his parceners to warranty. And summon the aforesaid A. by good  summoners to be before our same justices at such a place at the aforesaid term ready  to answer with the aforesaid D. and E. and to show why he was not etc. (as above).  If they do not come on that day they will lose the land seized into the hand of the  lord king by their default, according as the assise finds for the tenant or the demandant,4  some of them or all, depending on whether they come or not on that day.  [When] the warrantor comes in by distraint, he either warrants immediately or  says that he is not bound to warrant, which in this case is simply to say that he is  not bound to escambium, taking the word warranty in one of its senses, because he  cannot warrant in the other sense, that is, defend the tenant in seisin, since there is  now no tenant in seisin for him to defend. Thus the question is only one of escambium,  and if [the warrantor] can defend himself he will withdraw quit of escambium; if  he cannot, let him satisfy his feoffee as to escambium at once, unless he wishes to  vouch over; if so, let the warrantor then be summoned to appear on such a day in  such a place to warrant so much land to such a one by this writ.
The writ for summoning a warrantor to warrant after the assise has been taken by the warrantor's default.
 The king to the sheriff, greeting. Summon such a one, A., by good summoners to  be etc. to warrant to B. so much land etc. which C. in our court etc. claimed5 against  D. and which the same D. afterwards lost by an assise of mortdancestor taken  between the aforesaid C. and D., as to which