Bracton: Thorne Edition: English. Volume 4, Page 226

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Volume 4, Page 226

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If one vouches two or more to warranty, as a husband and wife.

[002] Suppose that one vouches two or more persons to warranty, as a husband and wife.
[003] For example: A. claims land against B. and B. vouches C. and his wife D. to warranty,
[004] who come and warrant and vouch E. to warranty; while the plea of warranty is pending
[005] between them, C., the husband of D., dies. Here D. the wife of C. must vouch E.
[006] anew, by a new writ, because¹ he will not answer to the warranty without a new summons,
[007] as [in the roll] of Easter term in the sixteenth year of king Henry in the county
[008] of Lincoln, [the case] of Richard de Elinges.² But what if both C. and D. die? Let D.'s
[009] heirs then be summoned. Suppose that a warrantor when he is vouched warrants and
[010] loses, but does not provide escambium in his lifetime? His heir will be bound to give
[011] escambium without another writ, as [in the roll] of Trinity term in the eighth year of
[012] king Henry, [the case] of Hugh de Baillol.³

Where several are vouched successively, we must see which of them dies first and in whose person the plea of warranty ought to be revived; [if] one of the principal parties dies.

[014] But we must see, where several have been vouched successively to warranty, from
[015] warrantor to warrantor, and all have warranted up to the last, whether it is the first
[016] of the several who dies or⁴ he who was last vouched to warranty. [If it is he who was
[017] last vouched], whether he was warranted or not, and whether he has answered to the
[018] principal plea or not, provided he dies before judgment in the principal plea, the plea
[019] of warranty must be begun again in the person of his heir by a new summons.⁵ If
[020] judgment was rendered, without a new summons and a new writ execution of the
[021] judgment as to escambium must be made from the goods of the heir. If he who first
[022] warranted dies,⁶ or those who are mesne, while the plea of warranty is pending between
[023] the last warrantors, and one of them loses [and dies], let escambium be made
[024] by the heirs of that last warrantor, and let that same [escambium pass]⁷ to the
[025] tenant, if he is alive; if not, the principal plea then falls and must be begun again de
[026] novo. With respect to warrantors who are mesne, if they die during the plea of
[027] warranty between the last warrantors, it is of no great importance, because their
[028] heirs are not concerned, neither to their gain or loss, with respect to escambium when
[029] the last vouchee does not answer to the warranty, but let the heir of the deceased
[030] who [last] vouched and warranted the others be summoned, if he is of full age,

Notes

1. ‘quia’

2. B.N.B., no. 689; not in C.R.R., xiv

3. B.N.B., no. 432; C.R.R., xiv, no. 527 (sidelined) but from Mich. 14-15

4. ‘vel’

5. Supra iii, 267; iv, 225

6. Om: ‘vel tenens . . . est’

7. ‘escambium deveniat’: supra iii, 266, iv, 212, 213