Bracton: Thorne Edition: English. Volume 4, Page 231

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Volume 4, Page 231

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[001] as to which he is vouched to warranty, whether the tenant has raised that exception
[002] earlier or not he will not be heard, even though the tenant does not hold the whole,
[003] since, though he ought to warrant the whole, he is not bound to give the principal
[004] tenant an escambium greater than the land which the tenant held when the warrantor
[005] loses.¹ by judgment, though at the outset the exception would lie for the tenant
[006] against the demandant.

If other exceptions lie for the warrantor which were not at the outset available to the principal tenant, let him put them forward at once.

[008] If there are exceptions or defences which lie for the warrantor, which did not lie
[009] earlier for the principal tenant, let him put them forward, as that a fine and chirograph
[010] were made in the court of the lord king between the warrantor and the demandant,
[011] or their ancestors, by which fine the demandant or his ancestors remitted
[012] and quitclaimed to the warrantor or his ancestors all the right they had in the land
[013] claimed, or that the demandant's ancestors, or the demandant himself, committed
[014] felony or the like, because of which that land was the escheat of the warrantor or his
[015] ancestors. And so if an acknowledgment and reddition has taken place,² a gift or sale
[016] with express warranty, or for homage and service, or if the demandant's ancestors
[017] lost that land against the warrantor or his ancestors³ by judgment, or by the grand
[018] assise or the duel. Many such exceptions not available to the principal tenant may lie
[019] for the warrantor, and when he [has prevailed] by such exceptions, or by the duel or
[020] the grand assise, the tenant will retain his seisin and the demandant remain in mercy.

If there is no exception or defence.

[022] If there is no exception or defence, as the duel or the grand assise, by which the warrantor
[023] can defend his tenant, as will be explained below,⁴ the tenant will lose the land
[024] claimed and the warrantor will be bound to escambium, to the extent to which he has
[025] the inheritance of him by reason of whom he has been vouched to warranty,⁵

One is not bound to warrant his father's deed or to give escambium therefor out of his mother's inheritance, nor conversely.

[027] for no one is bound to warrant the deed of his father or mother or other ancestor,
[028] whose heir he is, or to give escambium out of his own acquisition. Nor ought one to
[029] warrant with respect to his mother's inheritance and give escambium

Notes

1. ‘amiserit’

2. ‘intervenerit’

3. ‘antecessores’

4. Duel and grand assise not dealt with as such in treatise

5. Supra 214