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Of vouching a warrantor after the view.

[003] When it is safer for the tenant to vouch a warrantor than to undertake the defence in
[004] his own person, since no exception, peremptory or dilatory, wherewith to destroy the
[005] action completely or defer it temporarily, lies for him, then, if he has a warrantor, let
[006] him vouch him at once, sometimes by the aid of the court sometimes without it, according
[007] as the warrantor is within the vouchor's potestas, so that he may have him
[008] without aid, or within another's, so that he cannot produce him without aid.1
[009] ‘Within another's potestas,’ I say, as within the potestas of the lord king, in the realm of
[010] England or in Ireland or in Wales, in some place under the dominion of the lord king.
[011] If he who is vouched is outside the potestas of the lord king, he will be vouched in
[012] vain by aid of the court, because the tenant will then have to produce him himself, if
[013] he can, otherwise he will lose.2

What warranty is.

[015] We must first see what warranty is. It is clear that to warrant is nothing other than to
[016] defend and acquit the tenant who has vouched the warrantor in his seisin, for though
[017] the warrantor warrants, seisin is not thereby transferred to him, nor is anything
[018] transferred except the defence of the thing claimed, which defence, when it has once
[019] been given over to the warrantor, cannot thereafter be resumed by the tenant, everything
[020] proceeding in the name of the warrantor; nor may he, after he has warranted,
[021] render the thing warranted to the demandant against the tenant's will or without
[022] judgment, without committing a disseisin, since ‘to defend’ does not mean to render
[023] without the tenant's consent. But when the tenant consents or a judgment is given,
[024] seisin of the thing claimed is at once transferred to the demandant and the tenant may
[025] have escambium to the value from the warrantor's property.

Who may vouch a warrantor and on what grounds.

[027] We must also see who may vouch a warrantor and on what grounds. It is clear that
[028] everyone who is not forbidden may vouch a warrantor,


1. Infra 199

2. Infra 199, 233

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