[001] He ought also to produce without aid of the court those who are within his own [002] potestas, though they reside within the realm and are within the king's coercive power, [003] as his wife and children and others whom he may command.1 Suppose that a tenant [004] impleaded in England vouches a warrantor resident in Ireland or in Wales, within the [005] king's potestas and where his writs run, [may he do] this by aid of the court? It is submitted [006] that aid ought to be given him, and that the principal plea ought to remain in [007] suspense and sine die until the plea of warranty has been determined in Ireland, and [008] let the tenant sue the plea of warranty or lose by default. Let the lord king's writ to [009] his justices in Ireland be drawn in this form.
If one impleaded in England has vouched a warrantor resident in Ireland.
[011] ‘The king to his beloved and faithful such a one, justice of Ireland, greeting. Know [012] that when A. in our court before our justices at Westminster claimed against B. so [013] much land etc. as his right, the same B. came into the same court before etc. and said [014] that he held that land of the gift of C. (or of some ancestor of the same C. whose heir [015] that C. is) by his charter which he there produced, and vouched the said C. to warranty [016] thereof against the same A. by aid of our same court. And because the same C. [017] is resident in Ireland under our potestas and has no land in England [by which] he can [018] be summoned and distrained, we order you to cause the said C. to be summoned, at a [019] certain day and place as you deem expedient, to warrant the said land to the said B. [020] or show why he is not obliged to warrant, and transmit to us without delay by your [021] sealed letters the record of that plea concerning the said warranty, according as it was [022] pursued before you. And return to us this writ together with the record. And if the [023] said C. ought to warrant, give him a day before us to hear the record and his judgment [024] with respect to the said warranty and to answer the same A. in the principal plea. [025] Witness etc.’
If the warrantor does not come and defend his tenant.
[027] If C. does not come to England and defend his tenant against A., A. will recover the [028] land sought against B. and B. will have escambium to the value from C.'s land in [029] Ireland. If2 C. comes to England and defends B. against A., B. will hold in peace and [030] C. will be quit of escambium. But suppose that when C. has warranted in England he
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