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If the demandant defaults, the tenant and warrantor presenting themselves in court, let both depart quit.

[002] When the demandant defaults, both tenant and warrantor presenting themselves for
[003] the suit on the fourth day, both will depart quit of that writ.

If a warrantor, christian or jew, has no land whereby he can be distrained to warrant, let the sheriff have their bodies.

[005] When anyone, christian or jew, is vouched to warranty who holds no land in fee which
[006] can be seized into the lord king's hand or by which they can be distrained, let the
[007] sheriff be ordered to have their bodies on the first day.1 On this matter may be found
[008] [in the roll] of Trinity term in the fourth year of king Henry, [the case] of Isaac a jew
[009] of Norwich,2 and [in the roll] of Hilary and Easter terms near the beginning.3

After essoins and delays, when the parties and the warrantor are present in court and the warrantor has freely warranted and taken up the defence, let the tenant remain at home until the case between demandant and warrantor has been decided.

[011] After essoins and distraints and lawful delays, the demandant, the tenant and the
[012] warrantor being present in court, he either warrants at once or objects that he is not
[013] bound to warrant. If without raising any objection he warrants freely and takes upon
[014] himself the defences in the principal plea, the principal plea will begin to be between
[015] the demandant and the warrantor, and thereafter let the tenant who is warranted remain
[016] at home until it is clear which of them, demandant or warrantor, may prevail
[017] in the plea.4 And let the demandant put forward his intentio against the warrantor as
[018] he first propounded it against the tenant himself, because henceforth everything
[019] proceeds in the person of the warrantor just as it would proceed in the person of the
[020] tenant, nor may the tenant henceforth lose, for if the warrantor cannot defend him
[021] in his seisin he will have escambium from the warrantor's land (if he has any) to the
[022] value of the land he loses.

When the intentio has been propounded against the warrantor.

[024] When the demandant's intentio has thus been put forward against the warrantor, let
[025] him answer it at once and deny the demandant's right, by the duel or the grand assise
[026] if he wishes, unless he has suitable exceptions to put forward, or unless he has a warrantor
[027] or defender who ought to defend him against the demandant, and lethim vouch
[028] him at once, by aid of the court or without it, as explained a little above:5 one or
[029] several


1. Supra 208, n. 3

2. B.N.B., no. 1376; C.R.R., ix, 23

3. C.R.R., viii, 306-7 (Easter)

4. Supra iii, 266

5. Supra 199

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