Bracton: Thorne Edition: English. Volume 4, Page 213

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Volume 4, Page 213

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[001] (or ‘by default’) the same A. will recover¹ against the said B.² and E. will give escambium
[002] to the value from his land to the same D., and that same escambium will be given
[003] to the said B. by the hand, so to speak, of the same D., no mention being made of C.,
[004] only of the last warrantor, namely E., and of his tenant D., since C. contributes nothing
[005] of his own, and therefore let the writ of seisin be drawn thus: ‘and without delay
[006] cause the same D. to have escambium to the value of the said land from the land of E.
[007] in your bailiwick, and the same B. to have that same escambium without delay.’ And
[008] let the same be done if more are vouched successively, up to ten or more, without
[009] limit.

If the warrantor has nothing whence to make escambium.

[011] But what will happen if E., the last warrantor who took the defence upon himself and
[012] lost, has nothing from which to make escambium, and D. who warranted C. has a
[013] sufficiency, as have all the others back to B. who [first] vouched a warrantor? It would
[014] be unjust that B. should be without escambium; it would be equitable, it seems, that
[015] escambium be made to B. from the land of D. and that D. await better times against
[016] E. It could then be said in the writ of seisin: ‘and because the same E. has nothing
[017] wherefrom to make escambium to D., therefore without delay cause the same C. to
[018] have escambium to the value of the said land from the lands of D. in your bailiwick,
[019] until the same E. has something whence he can give escambium, and without delay
[020] cause the said B. to have that same escambium.’ And so of several warrantors, from
[021] warrantor to warrantor, from the last to the first. And let the same be done if the last
[022] warrantor cannot give escambium in full, that what is lacking be made up from the
[023] lands of the others who are mesne, from warrantor to warrantor, the order, however,
[024] being observed, from the last to the first.

When one is vouched by several,³ who have been enfeoffed at different times, that he who was first enfeoffed will be in a stronger position with respect to escambium, [that is], if they have been impleaded [and have vouched] at one time; it is otherwise if at different times.

[026] When one is vouched to warranty by several who have been enfeoffed [by him] at
[027] different times and, being unable to defend, loses, so that he is bound in escambium to
[028] all but cannot satisfy them all, with respect to escambium the position of him who
[029] was first enfeoffed will always be the stronger; let him take his escambium first, all of
[030] it or part, and let the others await better times. And so each according to the priority
[031] of his feoffment will have the privilege of escambium. I say this if all vouch him to
[032] warranty at one and the same time,

Notes

1. ‘recuperabit’

2. ‘B’

3. ‘a pluribus vocatus fuerit’

If the warrantor has nothing whence to make escambium.

When one is vouched by several,3 who have been enfeoffed at different times, that he who was first enfeoffed will be in a stronger position with respect to escambium, [that is], if they have been impleaded [and have vouched] at one time; it is otherwise if at different times.

Notes

When one is vouched by several,³ who have been enfeoffed at different times, that he who was first enfeoffed will be in a stronger position with respect to escambium, [that is], if they have been impleaded [and have vouched] at one time; it is otherwise if at different times.