And, if the person called to Warrant appear on that day, and warrant in Court, both the sale and the thing sold to the Purchaser, then, the latter shall be entirely discharged, and that so effectually, that he shall not afterwards sustain any loss. But, if he should fail in entering into the Warranty, then, the Plea shall proceed between the Purchaser and his Warrantor; and thus may it come to the Duel. But, it may be asked, can the Warrantor call another Warrantor into Court? If that be permitted, at what Warrantor must it stop?[405] It should be added, that when any one has so named a Warrantor of a thing which is sued for as stolen, the Warrantor is usually attached by virtue of the following Writ, directed to the Sheriff:—
CHAP. XVI.
“The King to the Sheriff, Health. I command you, that justly and without delay, you cause N. to be attached, by safe and secure Pledges, that he be before me, or my Justices, on a certain day, to warrant R. such a thing which H. claims against R. as stolen, and of which the aforesaid R. has drawn him to warrant in my Court; or to shew wherefore, he ought not to warrant to him. And have there the Summoners and this Writ, &c.”
CHAP. XVII.
But, if the Purchaser should call an uncertain Warrantor, in such case, if he have sufficient proof of its being a lawful purchase, that shall discharge him from the Felony.[406] Yet it shall not protect him from the loss, I mean, of the thing in question. But, if upon this point he has not a sufficient suit, he is in danger.
Debts arising either from a purchase or a borrowing are usually substantiated by the general mode of proof in Court; in other words, either by a Writing, or by Duel.