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[001] claims as his right against B., as to which the same B. in the same court vouched her to
[002] warranty against the said A. And the day etc. Summon etc. Witness etc.’ When a
[003] woman claims dower or a tenement, or whatever, as her right against another who
[004] vouches a minor to warranty, and if the guardian1 defaults, then, wherever his land
[005] is, a valuation having been made as aforesaid, let land to the value of the land claimed
[006] be taken from the minor's land by the following writ.

If a woman claims dower and a minor is vouched to warranty and the guardian defaults, let land be taken from the minor's land for the guardian's default.


[008] ‘The king to the sheriff, greeting. Seize into our hand by the view etc. from the land
[009] of such a one [B.], son and heir of such a one [C.], who is within age and in the wardship
[010] of such a one [D.], for the default of the same guardian, land to the value of so
[011] much land with the appurtenances, (or ‘of the third part of so much land with the
[012] appurtenances’) in such a vill (or ‘in such a county’) which third part such a woman
[013] [E.], the widow of such a one [C.], in our court etc. claims in dower against A. and as
[014] to which the said A. in our same court before etc. vouched the same [B.] who is under
[015] age to warranty against her. And the day etc. Summon etc. Witness etc.’

If a minor is vouched to warranty with his stepfather and both default, let land be taken from the maternal inheritance; when one has appeared and the other not.


[017] If he who has nothing of his maternal inheritance is vouched to warranty as above,2
[018] he cannot reply without his stepfather; whether both default or only one, let land to
[019] the value of the land claimed be taken from the maternal inheritance by this writ.
[020] [But when one has appeared in court and the other has not, we must see whether it is
[021] by the little or the great cape. By the great, it is submitted, when both default, since
[022] he who has not appeared in court may [then] defend himself by wager of law, and
[023] since penalties are to be restricted.3 When only one of them defaults, then whether by
[024] one or the other will be clear.] 4<One may be the guardian both of the land and the
[025] heir, or one the guardian of the land and another of the heir, in which case both are to
[026] be summoned to appear and bring the heir, in a single writ.5 6A stepfather holding by
[027] the law of England is a guardian, so to speak.> ‘The king to the sheriff, greeting.
[028] [Because of his default] seize into our hand by the view etc. from the land which A.
[029] holds for his life by the law of England and which is of the inheritance of B.



Notes

1. ‘custos’

2. Supra 201

3. Infra 209

4. Supra i, 417

5. Supra 200

6. Om: ‘Si autem’


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