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[001] from his father's, or conversely,1 as in the eyre of the bishop of Durham and Martin
 [002] of Pateshull in the county of York in the third year of king Henry, near the middle
 [003] of the roll.2 And that one ought to warrant his father's gift out of the paternal inheritance
 [004] may be found in the same roll of the same eyre, [the case] of William le
 [005] Vavassor, where the heir had sufficient to warrant out of his paternal inheritance. If
 [006] he does not have sufficient to warrant the whole, only a part, let escambium be made
 [007] to the extent possible and let the tenant await better times for the remainder. If [he
 [008] has] nothing he is not absolved from escambium completely as long as there is something
 [009] which may fall to him from the inheritance of him by reason of whom he is
 [010] vouched to warranty.3

If the warrantor holds of the lord4 king by serjeanty.


 [012] Though one is bound to a warranty, he may not be bound5 to escambium by reason of
 [013] the thing he holds, though it descends to him by inheritance, as where he holds of the
 [014] lord king in chief by serjeanty, which cannot be divided, lest the lord king be constrained
 [015] to receive his service and his serjeant's duty in fractions,6 since payment in
 [016] parts has many inconveniences, and which, if it is divided, ought to be recalled and
 [017] re-united, unless he who has alienated his serjeanty, or part of it, retains enough to
 [018] suffice for full service. And what is said of serjeanty may be said of other fees which
 [019] are held of the lord king in capite.7

[The extent and valuation] if he who vouched the warrantor added something.


 [021] If escambium ought to be given from another's fee,8 the land lost ought to be valued as
 [022] it was when it was first given. An improvement by the tenant who lost is not taken
 [023] into account, as where after the feoffment he or his ancestors built large structures, as
 [024] castles, parks or game preserves. If several warrantors have lost, let each contribute
 [025] toward the escambium proportionately, and let escambium and valuation be made by
 [026] this writ.

If an extent ought to be made in connexion with escambium.


 [028] ‘The king to the sheriff, greeting. Know that when A. in our court before etc. claimed
 [029] against B. so much land etc. (as above)9 the same B. came into the same court and
 [030] vouched C. to warranty, who came into the same court and warranted him, and afterwards
 [031] by judgment of our same court lost that land against the said A., which by the
 [032] reasonable extent made thereof in such a county by our precept is worth

Notes

1. Supra 31

2. Not in B.N.B.; Selden Soc. vol. 56, no. 255

3. Supra 214

4. ‘domino’

5. ‘teneatur’

6. Supra ii, 225

7. Magna Carta (1217) ca. 39 apparently not confined to alienations to the church (as J.M.W. Bean, The Decline of English Feudalism, 43, 49, 67, 68). Br. says nothing of the ordinance of 1256 forbidding alienations by tenants in chief: Turner in L.Q.R., xii, 299; Bean, 66-9

8. ‘Si escambium fieri debet de alterius feodo’ (from preceding line)

9. Supra 206-7, 209, 212

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