Bracton: Thorne Edition: English. Volume 4, Page 219

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Volume 4, Page 219

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[001] the war, of pleas which remained for judgment, the case beginning ‘if William de
[002] Greynville.’¹

That he is neither the feoffee nor his heir.

[004] A vouchee to warranty may also except against the tenant who vouched him that the
[005] latter is neither his feoffee nor the heir of his feoffee, [that is], when the charter of gift
[006] mentions only the feoffee and his heirs, and thus that [he is not bound to warrant
[007] him, as] where his feoffee or his heir has enfeoffed others; he is not bound to warrant
[008] such persons directly since the charter makes no mention of them,² as [in the roll] of
[009] Easter term in the ninth year of king Henry in the county of Middlesex, [the case] of
[010] one Juliana who claimed dower against one Henry, who vouched to warranty one
[011] William son of Hereward, who answered that he was not bound to warrant because
[012] neither he nor his father had enfeoffed the same Henry, though he admitted that his
[013] father had enfeoffed a certain Thomas and the said Thomas had enfeoffed Henry.
[014] And since the said Henry was not heir of the said Thomas, though enfeoffed by him,
[015] nor was the said William in seisin of Henry's homage and service, nor did the said
[016] Henry have the said William's charter or other matter whereby he ought to warrant
[017] him, it was therefore decided that William be quit of the warranty.³

One is not bound to warrant heirs other than those contained in the charter according to the modus of the gift.

[019] One is not bound to warrant heirs other than those included in the charter by the
[020] modus of the gift, as where a gift has been made to a person, that is, ‘to him and his
[021] heirs, those he has born of his body and that of his lawful wife,’ or ‘of a particular
[022] wife, such a one.’⁴

Where one has remitted and quitclaimed.

[024] One is not bound to warranty by reason of a quitclaim, as where one claims land
[025] against another as his right and afterwards remits and quitclaims it [to him]; he cannot
[026] on that account be vouched⁵ to warranty by him to whom the right has been remitted,
[027] as [in the roll] of the eyre of the abbot of Reading and Martin of Pateshull in
[028] the county of Gloucester in the fifth year of king Henry, [the case] of Ralph de
[029] Chandos.⁶

And so if saving the right.

[031] One is not bound to warranty by reason of homage taken ‘saving the right of any
[032] other,’ as where there is doubt whether one⁷ is the heir, [and] there is no

Notes

1. Not in B.N.B.; Selden Soc. vol. 59, no. 173 (?)

2. Supra ii, 117, 118, iv, 192

3. Not in B.N.B.; roll extant

4. Supra ii, 118

5. ‘vocari’

6. Selden Soc. vol. 59, no. 170; not in B.N.B.

7. ‘aliquis’