Bracton: Thorne Edition: English. Volume 4, Page 212

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Volume 4, Page 212

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[001] [several at one time or]¹ several successively, from warrantor to warrantor, until there
[002] is no one further to be vouched to warranty. When several are vouched from warrantor
[003] to warrantor and the last warrantor loses by default or judgment, he will be bound
[004] to give escambium, and that same escambium [will pass]² from hand to hand, so to
[005] speak, and from warrantor to warrantor, to the tenant who first was warranted. Let
[006] the enrolment be made thus: ‘A. claimed against B. so much land with the appurtenances
[007] in such a vill as his right (or ‘such a woman claimed etc. as her dower’ and the
[008] like). And the same B. came into the same court and vouched C. to warranty, who
[009] came and warranted him, and in the same court before the same justices vouched D.
[010] to warranty thereof, who afterwards by judgment (or ‘by default’) lost that land
[011] against the said A. Therefore it was decided that the said A. recover his seisin of the
[012] said land with the appurtenances against the said B., and that B. have escambium to
[013] the value from the land of D., but by the hand of that C.’ And so of several warrantors,
[014] ad infinitum. The writ for livery of seisin will be as follows:

Writ for livery of seisin and that he give escambium to such a one, and he that same escambium to him who first vouched, and thus from one to another of several just as from one, and still the same escambium.

[016] ‘The king to the sheriff, greeting. Know that when A. in our court etc. claimed against
[017] B. so much land etc. as his right, the same B. came into our same court before our
[018] justices and vouched C. to warranty, who came into the same court and warranted
[019] that land to the same B. and vouched D. to warranty, who afterwards in the same
[020] court warranted it to him and lost that land by default (or ‘by judgment’) against the
[021] said A. Therefore we order you without delay to cause the said A. to have full seisin of
[022] the said land with the appurtenances, and without delay to cause the same C. to have
[023] escambium to the value of the said land from D.'s land in your bailiwick, and the same
[024] B. to have that same escambium by the hand of that C. Witness etc.’ Or if more than
[025] two warrantors are vouched, as where it is said, ‘A. claims against B. so much land
[026] etc., and the same B. comes and vouches C. to warranty, who warrants him and
[027] vouches D. to warranty, who warrants him and vouches E. to warranty, who warrants
[028] him.’ When he [E.] cannot defend D. his feoffee and tenant and loses by judgment

Notes

1. Om: ‘Et eodem . . . est’; reading: ‘plures successive, de waranto in warantum’

2. ‘deveniet,’ supra iii, 266