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[001] he admits that the summons was rightful.1 Nor [can he deny it] after resummons,
 [002] because if the summons was not lawful, the resummons and the day given by the
 [003] judge cannot be called unlawful. If the summons was not rightful but is not challenged
 [004] by the tenant when he appears, [the action] must proceed as though it were rightful.2
 [005] Even if the judge knows that it is unlawful he will be under no obligation on that
 [006] account to give the tenant an exception.] When both parties are present in court
 [007] and oyer of the writ is asked, if it has been lost by the negligence of the clerks or the
 [008] sheriff the assise will not remain because of that, provided it has once been read and
 [009] heard before the justices or in the county court, so that the jurors were chosen and a
 [010] view of the land made, if that is attested before the justices.3

What is to be done if the original writ has not been shown because it has been lost.


 [012] If a justice has been specially assigned to take an assise and the original writ has
 [013] been lost, that will not be prejudicial if the justice shows his warrant, since the
 [014] original is contained in the warrant, but the converse is not true, that is, if the warrant
 [015] is lacking [but the writ is not] that the assise may proceed, unless [the judge] is, so to
 [016] speak, a major justice sent from the side of the lord king ad hoc.

If a tenant vouches a warrantor in an assise of mortdancestor; what the law is if the warrantor is within age.4


 [018] When both the demandant and tenant are present in court [and] the tenant has a
 [019] warrantor and defender who is bound to defend him in his seisin against the demandant,
 [020] [let him be summoned] [When he vouches him to warranty we must
 [021] [first] see whether the warrantor is of full age or within age, for if within age the
 [022] tenant must show why he ought to warrant, charters or homage taken by his ancestor
 [023] or other matter, lest the voucher be frivolous or deceitful,5 which is also true in the
 [024] case of an adult, though he may be vouched to warranty without a charter.] by aid
 [025] of the court, if aid is sought; if it is not, let him who vouched cause him to appear.
 [026] Let the same be done with respect to a minor, once it is established that he ought
 [027] to warrant, though when he appears he is not bound to answer to his ancestor's
 [028] charters before his full age. 6The writ for summoning a warrantor resident outside the
 [029] county is this.7 If [he is resident] within it he may be summoned without writ. One
 [030] tenant may vouch several warrantors, who stand in the place of a single heir as a
 [031] single body,

Notes

1. Supra 253

2. Infra iv, 64

3. Supra 82, 142; B.N.B., no. 1552

4. Rubric from below

5. Infra iv, 194

6. New paragraph

7. Infra 260

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