Bracton: Thorne Edition: English. Volume 4, Page 194

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Volume 4, Page 194

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In what ways one may be bound to warrant: by charter and by fine made. Also who ought to be vouched to warrant and to whom.¹

[002] We must now see how and in what ways one may be bound to warrant, whether he is
[003] of age or below. It is clear that it is by homage, by fine made and by the binding force
[004] of charters or other instruments. For example:² A. vouches B. to warranty against C.,
[005] B. the person summoned asks A. to show him why he vouches him to warranty. If A.
[006] at once produces B.'s charter, or that of B.'s father or other ancestor whose heir B. is,
[007] which he cannot deny, and if A. is an heir whom he ought to warrant, as where he is
[008] the heir of him who was enfeoffed by that charter, or, when the charter makes mention
[009] of assigns, is his assign or the heir of an assign, and so if it makes mention of
[010] those to whom the feoffee wishes to give, sell or devise,³ and the charter makes mention
[011] of warranty and of an absolute feoffment, the said B. must then warrant at once
[012] and answer immediately to the best of his ability. And what is said of a charter may
[013] be said of a confirmation, if it binds the person confirming to warranty.⁴

If a minor is vouched let the tenant at once show a charter of other matter.

[015] If a minor within age is vouched to warranty and it is evident that he is a minor,⁵ lest
[016] the vouching be frivolous let the vouchor at the time the voucher is made at once show
[017] his charters, or other matter by which it may be presumed that the minor is bound to
[018] warrant, whether he is present or absent. [This may be the reason, since there are
[019] some, distrustful of their right and lacking any other remedy, [who] vouch a minor to
[020] warranty in order to delay the suit, which may also be said of everyone of full age who
[021] vouches one of full age or a minor to warranty in the assises, where if a vouchor fails
[022] of his warrantor no other penalty follows the odium connected with his default except
[023] that the assise is taken by default.] When the charters and instruments have been
[024] shown the vouchee by the vouchor, we must then see, if service is claimed, whether
[025] the minor's father or other ancestor was in seisin of that service in the year and on the
[026] day in which he was alive and dead; if he was so seised, let him [the minor] then
[027] warrant his feoffee at once, but the principal plea between

Notes

1. ‘Item quis . . . debeat ad warantizandum et cui,’ from line 3

2. ‘Verbi’

3. Supra ii, 70, infra 215, 283; contra: ii, 149, which seems to be Br's final view; P. and M., ii, 26-7

4. Supra ii, 108, infra 215

5. Supra iii, 259, iv, 80

In what ways one may be bound to warrant: by charter and by fine made. Also who ought to be vouched to warrant and to whom.1

If a minor is vouched let the tenant at once show a charter of other matter.

Notes

In what ways one may be bound to warrant: by charter and by fine made. Also who ought to be vouched to warrant and to whom.¹