DE WARRANTIA CHARTAE

de  warrantia chartae (dee w<<schwa>>-ran-shee-<<schwa>> kahr-tee), n. [Law Latin “of a

warranty of charter”] Hist. A writ allowing a tenant enfeoffed with a warranty, who was impleaded

in  an  assize or  other  action  in  which  the  tenant could  not call  upon  the  warranty,  to  compel the

feoffor to assist the tenant with a plea or defense, or else to pay damages and the value of the land,

if it is recovered against the tenant.

“This we still make use of in the form of common recoveries, which are grounded on a writ

of entry; a species of action that we may remember relies chiefly on the weakness of the tenant’s

title, who therefore vouches another person to warrant it …. In assises indeed, where the principal

question is whether the demandant or his ancestors were or were not in possession till the ouster

happened, and the title of the tenant is little (if at all) discussed, there no voucher is allowed; but

the tenant may bring a writ of warrantia chartae against the warrantor, to compel him to assist him D

with  a  good  plea  or  defence,  or  else  to  render  damages  and  the  value  of  the  land,  if  recovered

against the tenant.” 3 William Blackstone, Commentaries on the Laws of England 299 (1768). [Blacks Law 8th]