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[001] the chief lord, his [ancestor's] feoffor, to warranty. And when he has warranted, let
[002] the first heir's assise then proceed against him, and if he recovers by the assise, let the
[003] warrantor then give escambium to his feoffee.1 2<If a chief lord enfeoffs another and
[004] dies, his heir within age, and the heir is vouched to warranty by the person enfeoffed
[005] by the chief lord, the plea of warranty between the tenant and the heir of the chief
[006] lord will remain until the heir's full age, but let the assise be taken, as [in the roll]
[007] of the same Martin in the same year, an assise of mortdancestor [beginning] ‘if Eudo
[008] father of Walter,’3 which land Ranulf de Braham held, who vouched to warranty
[009] Roger le Bigod, son and heir of earl Hugh le Bigod, who was then under age. It was
[010] there decided that the assise should be taken without awaiting his age, [and if
[011] Walter recovered that Ranulf should await Roger's full age and then have his
[012] recovery against the said Roger on the warranty,]4 and so in many [other] places.5
[013] But suppose that the feoffee dies seised and his heir is within age; his age will be
[014] awaited because his ancestor died seised thereof as of fee.6 And the same may be
[015] said of several tenants if the land thus given has come down to several. And what is
[016] said above of[the heir of] the chieflord may be said of the heirs of[all] those who do not
[017] die seised as of fee but for a term, or as of gage and the like.7 But what will be said
[018] of a disseisor or8 intruder who dies seised, so to speak, of fee because of the acquiescence
[019] or negligence of the disseisee?> If the chief lord dies first, [before his feoffee],
[020] leaving an heir within age [who is vouched to warranty], the assise of the heir will not
[021] remain on that account, that is, though [the minor] cannot answer [to the warranty].9
[022] The reason is because his ancestor was never seised of a tenement he ought to warrant
[023] in fee. And that this is so may be seen in the eyre of Martin of Pateshull in the county
[024] of Suffolk in the twelfth year of king Henry, an assise of mortdancestor [beginning]
[025] ‘if Roger of Gloucester.’10 To the same intent in the eyre of the same [Martin] in the
[026] same year in the county of Norfolk.11 If the heir of the chief lord is in seisin and within
[027] age and the assise is brought against him directly, the assise will not remain because
[028] of his age, as [in the roll] of the eyre of Martin of Pateshull in the county of Kent in the
[029] tenth year of king Henry, an assise of mortdancestor [beginning], ‘if Emma mother of
[030] Roger.’12 The same may be said of any heir within age with respect to everything of
[031] which his ancestor did not die seised as of fee;13 where he died seised as of fee he will
[032] not answer to the assise before his majority, in a possessory action as here, [according,
[033] as14 the tenement is socage or a military fee, as [in the roll] of the eyre



Notes

1. Supra 289

2. Supra i, 405

3. B.N.B., no. 1827 (Norfolk eyre, 12 H.3); supra 289

4. As supra 289-90

5. Addicio infra 304-5 belongs here

6. Supra 289, 302

7. Supra 301

8. ‘vel’

9. Infra 304, 305

10. B.N.B., no. 1898

11. Supra n. 3

12. B.N.B., no. 1783 (margin): ‘Nota quod non remanebit assisa mortis antecessoris propter minorem etatem domini capitalis nec eius heredis, nec heredis heredis, ubi alienavit avus’; supra 289

13. Supra 301

14. ‘secundum quod’


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