But the presence of another party becomes no less necessary than that of the Tenant, if the latter declare in Court, that the subject in dispute is not his own, but that he merely holds it, as a Loan,[121] or a Hireing, or a Pledge, or as committed to his Custody, or in some other mode entrusted to him by another; or if he should allege, that the property were his own, but that he had a Warrantor[122] from whom he had received it, either as a Gift, or Sale, or in Exchange, or, generally, found his Title to the thing upon any other cause of this nature. [Footnote 121: _Commodatam_, _locatam_, _&c._ The Reader will recognise these Terms as borrowed from the Roman Law. In the tenth Book, our author resumes the discussion of them.] [Footnote 122: _Warrantum._ Sir Henry Spelman is inclined to derive this Term from the Saxon Primitive War, _arma_, _telum_, _defensio_, _&c._ Dr. Sullivan tells us, it was derived from _War_, because, in real Actions, the Trial was of old by Combat. Dr. Cowell, however, prefers deriving _warrantia_ from the French _garantie_ or _garant_. The Doctor notices the _stipulatio_ of the Civilians, but, as he observes, “this reacheth not so far as our warranty.” The term, it seems, is of great antiquity, and is said not to have been unknown to the _Longobardi_ in their original settlements. (Spelm. Gloss. ad voc. and Cowell’s Interpreter, ad voc. and Sullivan’s Lectures, 119.) It does not fall within the scope of these notes, to bring the Law down to the present day.—The translator would otherwise have availed himself largely of Bracton’s 5th book. Fleta L. 5. c. 4. Britton 197, &c. Co. Litt. 364. b. et seq. and Mr. Butler’s admirable annotations.]