Bracton: Thorne Edition: English. Volume 4, Page 229

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Volume 4, Page 229

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[001] because, since the woman or other person holding for life cannot sue or answer without
[002] her warrantor, she ought to vouch her warrantor immediately after she is impleaded
[003] as to anything belonging to her dower, either a corporeal thing or a right, as [in the
[004] roll] of Hilary and Easter terms in the fourth year of king Henry, near the end of the
[005] roll.¹ And if she fraudulently fails to do so or perhaps wishes to lose it by default, let
[006] him whose interest it is enter into the warranty even though not vouched. If when he
[007] has been vouched he defaults, the demandant will recover the thing claimed and the
[008] tenant escambium. But if the tenant defaults but the warrantor does not, the tenant
[009] then loses and will not have escambium.

When a warrantor cannot defend himself against the warranty, or when he freely or by judgment enters into it, let the demandant begin the principal plea again against the warrantor as he had against the tenant; and let him in like manner put forward his intentio.

[011] When the warrantor cannot defend himself against the warranty but warrants by
[012] judgment or of his own free will, let the demandant then begin his principal plea
[013] again, this time against the warrantor, and let him put forward his intentio against the
[014] warrantor as he had against the principal tenant,² and say thus: that he enters into
[015] the warranty wrongfully because the land or thing in question is his right, because such
[016] a one, his ancestor, was seised thereof as of fee and right (and so in all respects as
[017] against the principal tenant) and thus the plea begins to be between demandant and
[018] warrantor, and so let the tenant and the other intermediate warrantors by whom
[019] he was warranted remain in peace until the question at issue between demandant and
[020] warrantor is settled. The warrantor may well vouch over another warrantor if he has
[021] such, one or several, together or successively, [and] here, if a warrantor ought to be
[022] summoned, let no mention be made in the summons of the tenant or the intermediate
[023] warrantors by whom he was warranted, but as follows:

If he who has warranted vouches over, let a writ of this kind be drawn for him, [if he seeks] aid of the court.

[025] ‘The king to the sheriff, greeting. Summon A. by good summoners to be before [our]
[026] justices etc. to warrant to B. (that is, the warrantor who last warranted) so much
[027] land etc. which C. in our court before [our] justices etc. claims against B. as his right,
[028] and as to which the same B. in the same court etc. has vouched the said A. to warranty
[029] against the same C.’ How we must proceed with respect to warrantors further on, if
[030] such are vouched, may be adequately drawn from what has been said.

Notes

1. B.N.B., no. 109; C.R.R., viii, 341

2. Supra 211