Legal Definitions - de warrantia chartae

de warrantia chartae

Historically, de warrantia chartae was a specific type of legal order, known as a writ, used in medieval English law. It allowed a person who held land (the tenant) to compel the original seller or grantor of that land (the feoffor) to uphold a promise they had made to defend the tenant's ownership (a warranty).

This writ was particularly important in situations where the tenant's land ownership was being challenged in court, but the nature of that particular lawsuit prevented them from directly calling upon the original seller to join the defense. In such cases, the de warrantia chartae writ served as a separate legal action to force the original seller to either provide legal assistance and defend the tenant's title, or, if the tenant lost the land, pay damages and compensate the tenant for the value of the lost property.

• Example 1: Medieval Land Dispute

  Imagine a scenario in 14th-century England where a landowner, Sir Thomas, purchased a farm from Baroness Eleanor, who provided a formal warranty promising to defend Sir Thomas's title to the land. Years later, a neighboring lord, Lord Reginald, claims a portion of Sir Thomas's farm, initiating a legal action focused on who had been in possession of the land. Due to the specific rules of this type of lawsuit, Sir Thomas could not directly force Baroness Eleanor to join the defense within that ongoing case. Instead, Sir Thomas would issue a de warrantia chartae writ against Baroness Eleanor. This writ would compel Baroness Eleanor to either assist Sir Thomas in defending his ownership or be held liable to compensate him for the land's value and any damages if Lord Reginald won the case.

• Example 2: Monastic Land Grant

  Consider a situation where a monastery granted a parcel of land to a local farmer, John, for his family's use, including a warranty that the monastery would protect his right to the land. Later, the King's representative challenged John's ownership, claiming the land rightfully belonged to the Crown. In the specific legal proceedings initiated by the Crown, John might not have been able to directly "vouch" (call upon) the monastery to defend his title. To enforce the monastery's original promise, John would have sought a de warrantia chartae writ. This writ would legally oblige the monastery to either provide a defense for John against the Crown's claim or, if John lost the land, pay him for its value and any associated losses.

• Example 3: Feudal Inheritance Challenge

  Suppose a feudal lord, Duke Richard, granted an estate to his loyal knight, Sir William, with a warranty of title. Upon Duke Richard's death, his heir, Duchess Isabella, disputed the validity of the grant to Sir William, claiming the land should revert to her. Sir William, facing a lawsuit from Duchess Isabella, might not have been able to directly involve the deceased Duke Richard in the new legal proceedings. However, the warranty was binding on the Duke's heirs. Sir William would then use a de warrantia chartae writ against Duchess Isabella, compelling her, as the heir bound by the original warranty, to either defend Sir William's title in court or compensate him for the full value of the estate if she succeeded in reclaiming it.