[001] B. in our same court before our same justices vouched the said A. to warranty against [002] the said C. And have there the summoners and this writ. Witness etc.’ Or ‘to warrant [003] to B. the wardship of the land which belonged to C. and which D. in our court etc. [004] claims against the same B. by reason of the son and heir of that C. whom he has in his [005] wardship by the gift of king John our father, as he says, as to which the same B. [006] vouched that A. to warranty against that D. And have etc.’ Or ‘to warrant so much [007] land to B. etc., as to which the same B. is summoned in our court before us to answer [008] us by what warrant he holds so much land (or some such thing) which we claim as our [009] right (or ‘escheat’ and the like).’ And generally wherever the voucher of a warrantor [010] lies, let mention be made in the writ of summons of the form of the plea and the kind [011] of claim made in the original writ: whether a tenement is claimed, as land or rent, or [012] the appurtenances of a tenement, as the advowson of a church, a right of grazing or [013] pasture, reasonable estovers, a right of way or passage and the like; or what belongs to [014] someone by reason of a tenement, as service, relief, wardship and marriage.
If a minor is vouched to warranty with respect to dower or in a plea of right, let his guardian then be summoned.
[016] If a minor is to be vouched to warranty in any plea, whether on the right or with respect [017] to dower, let a writ issue summoning his guardian to appear on a certain day [018] and have the heir there to warrant. ‘The king to the sheriff, greeting. Summon by [019] good summoners A., the guardian of B. son and heir of C., and D. the guardian of that [020] same heir's land to be before our justices on such a day and to have there the said heir [021] in order to warrant to E. so much land with the appurtenances in such a vill, which [022] the said F.1 in our court etc. claims as his right (or ‘in dower’) against the same E.,2 as [023] to which the same E.3 in the same court before our justices has vouched the said heir [024] to warranty against him.’ If one and the same person has the custody of both land [025] and heir, let him be summoned without others to appear and have the heir. If an heir [026] bound to warranty holds nothing of the inheritance of his mother, by reason of whom [027] he is vouched to warranty, but his stepfather holds it for life by the law of England, [028] when the heir, after being summoned, answers in court that he holds nothing of his [029] mother's inheritance but his stepfather holds it, the warranty is not on that account [030] postponed
Volume 4, Page 200
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