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[001] the war, of pleas which remained for judgment, the case beginning ‘if William de
[002] Greynville.’1

That he is neither the feoffee nor his heir.

[004] A vouchee to warranty may also except against the tenant who vouched him that the
[005] latter is neither his feoffee nor the heir of his feoffee, [that is], when the charter of gift
[006] mentions only the feoffee and his heirs, and thus that [he is not bound to warrant
[007] him, as] where his feoffee or his heir has enfeoffed others; he is not bound to warrant
[008] such persons directly since the charter makes no mention of them,2 as [in the roll] of
[009] Easter term in the ninth year of king Henry in the county of Middlesex, [the case] of
[010] one Juliana who claimed dower against one Henry, who vouched to warranty one
[011] William son of Hereward, who answered that he was not bound to warrant because
[012] neither he nor his father had enfeoffed the same Henry, though he admitted that his
[013] father had enfeoffed a certain Thomas and the said Thomas had enfeoffed Henry.
[014] And since the said Henry was not heir of the said Thomas, though enfeoffed by him,
[015] nor was the said William in seisin of Henry's homage and service, nor did the said
[016] Henry have the said William's charter or other matter whereby he ought to warrant
[017] him, it was therefore decided that William be quit of the warranty.3

One is not bound to warrant heirs other than those contained in the charter according to the modus of the gift.

[019] One is not bound to warrant heirs other than those included in the charter by the
[020] modus of the gift, as where a gift has been made to a person, that is, ‘to him and his
[021] heirs, those he has born of his body and that of his lawful wife,’ or ‘of a particular
[022] wife, such a one.’4

Where one has remitted and quitclaimed.

[024] One is not bound to warranty by reason of a quitclaim, as where one claims land
[025] against another as his right and afterwards remits and quitclaims it [to him]; he cannot
[026] on that account be vouched5 to warranty by him to whom the right has been remitted,
[027] as [in the roll] of the eyre of the abbot of Reading and Martin of Pateshull in
[028] the county of Gloucester in the fifth year of king Henry, [the case] of Ralph de
[029] Chandos.6

And so if saving the right.

[031] One is not bound to warranty by reason of homage taken ‘saving the right of any
[032] other,’ as where there is doubt whether one7 is the heir, [and] there is no


1. Not in B.N.B.; Selden Soc. vol. 59, no. 173 (?)

2. Supra ii, 117, 118, iv, 192

3. Not in B.N.B.; roll extant

4. Supra ii, 118

5. ‘vocari’

6. Selden Soc. vol. 59, no. 170; not in B.N.B.

7. ‘aliquis’

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