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[001] the demandant and the minor who warranted the tenant will remain without day,
 [002] until the warrantor comes of age, as is proved [in the roll] of the eyre of the abbot of
 [003] Reading and Martin of Pateshull in the county of Warwick, [the case] of Giles de
 [004] Erdington, who was summoned to warrant William of Norfolk,1 [where] because
 [005] Giles's father died seised of that William's service, Giles warranted it to William, and
 [006] after [he warranted] the principal plea remained without day against the demandant
 [007] until Giles's full age. Thus a minor within age will warrant his feoffee-tenant against
 [008] the demandant because of his ancestor's seisin of service which he received from his
 [009] feoffee in the year and on the day he died.2 But if the ancestor was not seised in the
 [010] year and on the day etc. the minor within age will answer neither to the warranty nor
 [011] to the principal plea.

A minor is sometimes vouched to warranty without the production of a charter.


 [013] [In some circumstances a minor may be vouched to warranty and be summoned
 [014] without the production of a charter, if being under age he is vouched to warranty by
 [015] his tenant by reason of a tenement of which the minor was enfeoffed within age, for
 [016] there he will answer in both pleas, the warranty and the principal plea. Thus when a
 [017] minor is so vouched to warranty we must enquire whether the tenement by reason of
 [018] which he is vouched is a descending inheritance or an acquisition.] And what is said
 [019] of service may be said of homage,

By homage taken the lord who took the homage is bound to warrant.3


 [021] for suppose that a tenant has no charter, or though he has, does not have it at hand,
 [022] whether the feoffment is recent or ancient, as from the Conquest, a time from which
 [023] charters are rarely produced; if homage has been taken and can be proved, the chief
 [024] lord will warrant without a charter. If he says that he is not bound to warrant without
 [025] a charter, he may thus be answered by the tenant: ‘You are bound to warrant me the
 [026] land claimed because I am your man thereof and you have taken my homage therefrom
 [027] and are in seisin of my service, and my father and his ancestors were the men of
 [028] your ancestors.’ In proof whereof let him produce sufficient suit, [prepared to deraign]
 [029] by word of mouth, or one who is prepared if necessary to deraign by his body. If the
 [030] vouchee

Notes

1. Selden Soc. vol. 59, no. 548; not in B.N.B.

2. Supra iii, 302, 303, infra 314, 315

3. From line following

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