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[001] (or ‘by default’) the same A. will recover1 against the said B.2 and E. will give escambium
[002] to the value from his land to the same D., and that same escambium will be given
[003] to the said B. by the hand, so to speak, of the same D., no mention being made of C.,
[004] only of the last warrantor, namely E., and of his tenant D., since C. contributes nothing
[005] of his own, and therefore let the writ of seisin be drawn thus: ‘and without delay
[006] cause the same D. to have escambium to the value of the said land from the land of E.
[007] in your bailiwick, and the same B. to have that same escambium without delay.’ And
[008] let the same be done if more are vouched successively, up to ten or more, without
[009] limit.

If the warrantor has nothing whence to make escambium.

[011] But what will happen if E., the last warrantor who took the defence upon himself and
[012] lost, has nothing from which to make escambium, and D. who warranted C. has a
[013] sufficiency, as have all the others back to B. who [first] vouched a warrantor? It would
[014] be unjust that B. should be without escambium; it would be equitable, it seems, that
[015] escambium be made to B. from the land of D. and that D. await better times against
[016] E. It could then be said in the writ of seisin: ‘and because the same E. has nothing
[017] wherefrom to make escambium to D., therefore without delay cause the same C. to
[018] have escambium to the value of the said land from the lands of D. in your bailiwick,
[019] until the same E. has something whence he can give escambium, and without delay
[020] cause the said B. to have that same escambium.’ And so of several warrantors, from
[021] warrantor to warrantor, from the last to the first. And let the same be done if the last
[022] warrantor cannot give escambium in full, that what is lacking be made up from the
[023] lands of the others who are mesne, from warrantor to warrantor, the order, however,
[024] being observed, from the last to the first.

When one is vouched by several,3 who have been enfeoffed at different times, that he who was first enfeoffed will be in a stronger position with respect to escambium, [that is], if they have been impleaded [and have vouched] at one time; it is otherwise if at different times.

[026] When one is vouched to warranty by several who have been enfeoffed [by him] at
[027] different times and, being unable to defend, loses, so that he is bound in escambium to
[028] all but cannot satisfy them all, with respect to escambium the position of him who
[029] was first enfeoffed will always be the stronger; let him take his escambium first, all of
[030] it or part, and let the others await better times. And so each according to the priority
[031] of his feoffment will have the privilege of escambium. I say this if all vouch him to
[032] warranty at one and the same time,


1. ‘recuperabit’

2. ‘B’

3. ‘a pluribus vocatus fuerit’

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