If on the second summons, after the taking, the warrantor does not appear on the first, second, third or fourth day.
[002] When the warrantor does not appear in response to the second summons, after the [003] taking, appearing neither on the first, second, third or fourth day, the demandant offering [004] himself against the tenant and the tenant against the warrantor, the demandant [005] will recover the land against the tenant and the tenant escambium to the value against [006] the warrantor. Let the enrolment be made thus: ‘A. claimed against B. so much land [007] with the appurtenances in such a vill as his right, so that the aforesaid B. came into [008] the same court and vouched C. to warranty, so that he was summoned to appear on [009] such a day, on which he neither came nor essoined himself, so that land belonging to [010] the said C. to the value of the aforesaid land was seized into the lord king's hand by [011] judgment. And the sheriff was ordered to report the day of the taking to the justices [012] and to summon the said C. a second time to appear on such a day to answer concerning [013] the principal plea and his default. On which day he did not come, neither on the [014] first, second, third or fourth day, nor was his land replevied in time. It was therefore [015] decided that the aforesaid A. recover his seisin against B. by reason of B.'s default and [016] that B. be in mercy; and let him have from C.'s land escambium to the value in a [017] suitable place.’ And what is said of one warrantor is applicable to several if they default. [018] The writ for giving seisin to the demandant will be this:
The demandant will recover his seisin by the default; the writ for giving him seisin.
[020] ‘The king to the sheriff, greeting. Know that A. in our court before our justices etc. [021] recovered against B. by B.'s default seisin of so much land with the appurtenances in [022] such a vill. We therefore order you without delay to cause the same A. to have full [023] seisin of the said land with the appurtenances. Witness etc.’ After this writ let another [024] be made for giving escambium to the tenant, a valuation having been made as aforesaid1 [025] if the warrantor has no land in the same county but in others. If he has land in [026] the same county let the writ then be drawn thus:
When the tenant has lost because the warrantor could not defend him in his seisin, if the warrantor has a tenement in the same county let escambium to the value be given him forthwith.
[028] ‘The king to the sheriff, greeting. Know that when A. of N. in our court before our [029] justices etc. claimed so much land with the appurtenances
Volume 4, Page 206
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