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A.D. 1275.
Anno tertio Edwardi I.
C. 41.
55

any Ancestor, or otherwise, [1]if the Tenant vouch to Warranty, and the Demandant counterpleadeth him, and will aver by Assise, or by the Country, or otherwise, as the Court will award, That the Tenant, or his Ancestor, (whose Heir he is) was the first that entered after the Death of him, of whose Seisin he demandeth; the Averment of the Demandant shall be received, if the Tenant will abide thereupon; (2) and if not, he shall be further compelled to another Answer, if he have not his Warrantor present, that will warrant him freely, and incontinent enter into the Warranty; saving unto the Demandant his Exceptions against him, if he will vouch further, as he had before against the first Tenant. Where in Writs of Entry no Voucher out of Line shall be.[2](3) From henceforth in all Manner of Writs of Entry, which make mention of Degrees, none shall vouch out of the Line: or in other Writs of Entry, where no mention is made of Degrees, which Writ shall not be maintained, but in Cases where the other Writs, of Degrees cannot lie, nor hold Place:  Counterpleading to a Voucher in Writ of Right.(4) and in a Writ of Right it is provided, That if the Tenant vouch to Warranty, and the Demandant will counter-plead him, and be ready to aver by the Country, [3]that he that is vouched to Warranty, nor his Ancestors, had never Seisin of the Land or Tenement demanded, nor Fee or Service by the Hands of his Tenant, or his Ancestors, since the Time of him on whose Seisin the Demandant declareth, until the Time that the Writ was purchased, and the Plea moved, whereby he might have infeoffed the Tenant, or his Ancestors, then let the Averment of the Demandant be received, if the Tenant will abide thereupon; (5) if not, the Tenant shall be further compelled unto another Answer, if he be not present that will warrant him freely, and incontinent enter in Answer, saving unto the Demandant his Exceptions against him, as he had afore against the first Tenant, whether Party. (6) And the said Exception shall have Place in a Writ of Mortdauncestor, and in the other Writs before named, as well as in Writs that concern Right. (7) And if percase the Tenant have a Deed, that compriseth Warranty of another Man, which is bound in none of these Cases before mentioned to the Warranty of an elder Degree; [4]his Recovery, by a Writ of Warranty of Charters out of the King's Chancery, shall be saved to him at what Time soever he will purchase it; howbeit the Plea shall not be delayed therefore.

See 20 Ed. 1. stat. 1. of Vouchers. Averment of Demandant shall be admitted, whether the Party vouched be absent or present. And 14 Ed. 3. stat. 1. c. 18. where Averment shall be received that Vouchee is dead, &c.

  1. ↑ Bro. Parl. 34.; Fitz. Counterplea de Voucher, 78, 81, 82, 83, 89, 96, 98, 100.
  2. ↑ Hob. 22.
  3. ↑ Fitz. Counterplea, &c. 3, 4, 5, 7, 8, 9, 10, 17, 18, 20, 23, 24, 27, 29, 30, 40, 41, 42, 44, 48, 49, 58, 59, 60, 63, 65, 85, 88, 94, 114, 126.
  4. ↑ Fitz. Execut. 122.; Fitz. Gar. de Charters, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 19, 20, 21, 22, 26, 28, 29, 30, 31.

CAP. XLI.
The Champion's Oath in a Writ of Right.

TOuching the Oaths of Champions, it is thus provided, because it seldom happened, but that the Champion of the Defendant is forsworn, in that he sweareth, that he or his Father saw the Seisin of his Lord, or his Ancestor, and that his Father commanded him to dereign that Right; that from henceforth the Champion of the Demandant shall not be compelled so to swear: [1]Nevertheless his Oath shall be kept in all other Points.

  1. ↑ 2 Inst. 246.

CAP.

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