[001] the order described above will be observed when both D. and C. bring the assise [002] against B., that is, that C. will first recover against B. and B. will give escambium [003] to D. But when C. alone, without D., recovers by the assise against B., and it is [004] then that D. first brings the assise against the same B., he will not be heard without [005] C., because, though B. is held to a penalty because of the disseisin and the injuria, [006] he may not restore without C. If D. brings the assise against C. alone, he committed [007] no disseisin to the said D, but recovered by judgment a tenement belonging to himself [008] of which the same B. had disseised him. Both must thus of necessity be included [009] in the writ, B. because he committed the disseisin and C. because he detains the thing [010] seized, in which case let an adjustment be made as above, that C. retain his tenement [011] and B. give escambium to D. Suppose that D. firstsues by the assise and recovers against [012] B., and C. then wishes to sue against B. alone; he cannot recover against B. because [013] he has nothing to restore. He must of necessity include both B. and D., whether D. [014] was enfeoffed immediately after the first disseisin or after an interval, and despite [015] the fact that D. has the exception of res judicata by the assise, or the exception that [016] he did not disseise the same C., nevertheless, as above, the matter will be so adjusted [017] that C. will recover his tenement and B. give escambium to the said D. And so if the [018] tenement has gone through several hands after the disseisin: the first disseisee will [019] recover his tenement and the feoffee last enfeoffed by the disseisor and disseised [020] without judgment escambium. Whether the principal disseisor is present or absent, [021] let the tenant who committed no disseisin vouch him to warranty, without another [022] writ, and he will warrant him, which will not be so if the tenement was transferred [023] to the other after a writ impetrated, for one in that position will lose unless he has [024] safeguarded himself by a writ of warrantia cartae while in seisin,1 because he entered [025] into seisin of a thing made litigious by diligent impetration and prosecution. And so [026] if the thing has been transferred to the other immediately after the disseisin, though [027] before impetration, the transferee will not have a warrantor if he vouches him, [028] because both are disseisors and both equally punishable. Suppose that A. demises land [029] to B. for a term, rendering thence to him a hundred a year, afterwards he gives that [030] land to C. to hold in fee and gives him seisin, saving to the termor his term, and attorns [031] the service of the farmer, namely, that hundred, to the aforesaid C. his feoffee, and [032] the farmer does the aforesaid service to C. Afterwards the
Volume 3, Page 53
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