Chiefly Sc. Also 5 varandis, -eisse, warandis(s, werrandisse, 5–6 warandice, -ise, warrandise, 7 warrandize. See also WARRANTICE. [a. AF. warandise, var. of warantise (OF. also garantise), f. warantir (garantir): see WARRANT v.]
1. a. gen. A guarantee, an undertaking to secure another against risk. Chiefly in Scots Law; now only as a literary archaism.
1488. Acta Audit. (1839), 125/1. For þe werrandis[se] of him or þe said teyndis and froitis.
1495. Halyburton, Ledger (1867), 53. Giffin to Derik Jacopsone of Horne for the forbettryn off 2 sekis of woyll that had his letter of varandis, 24x.
1531. Abstr. Protocols Town Clerks Glasgow (1897), IV. 37. [He] oblissis his place in the Gallowgaet Port,… in warrandise of the paement of the xvj s. anwell.
1561. Reg. Privy Council Scot., I. 173. It specifiis nocht quhane,… nor yit quhome fra, I ressauit the gudis,… takand thairthrow away my defencis, baith for warrandice and releif.
1565. Cooper, Thesaurus, Author … he that selleth on warandice. A malo authore aliquid emere, to bie of him, that can make no sufficient warandice. Ibid., s.v. Caneo, Ab sese caueat quemadmodum velit. Cic. Let him take as good suretee and warandise for him selfe as he will.
1592. Sc. Acts Jas. VI. (1814), III. 547/2. Oblissand him in maist strait forme for warrandice of the said pensioun.
1597. Skene, De Verb. Sign., Claremethen,… the Law of Claremethen concernis the warrandice of stollen cattell, or gudes.
1632. Lithgow, Trav., III. 116. They lent two millions of money, and for warrandice whereof, they haue this Towne and Prouince made fast to them.
1704. Gd. Exped., in Harl. Misc. (1746), VIII. 14/2. If the Safety of the Government could be Sufficiently provided for, and obtain any sure Warrandice from Men’s Vowing Fealty.
1814. Scott, Wav., lxvi. Never fear, I’se be caution for them—I’se give you my personal warrandice. Ibid. (1824), Redgauntlet, ch. xi. My warrandice goes no farther.
1893. Stevenson, Catriona, iii. I have Rankeillour’s word for it … and I count that a warrandice against all deadly.
b. spec. in Scots Law. The obligation to indemnify the grantee or purchaser of land if an evictive or paramount claim should be established against the lands through defect of title.
Personal warrandice is that by which the grantor and his heirs are bound personally. Real warrandice is where the grantor or vendor conveys what are called warrandice lands to be held by the grantee in security of the lands originally granted.
1466. Acta Audit. (1839), 4/2. Þe actioun … tuiching þe Warrandice of twa merkis worth of land. Ibid. (1481), 97/1. Þe said Adam allegit to haue a tak of þe saide land, & warandiss of þe samyn.
1562. Abstr. Protocols Town Clerks Glasgow (1896), III. 23. Hew Mwre renunceit all warrandice quhilk he had of Allexander Cwnynghame … of the xxvj s. viij d lande of Westir-blak-law.
1587. Sc. Acts Jas. VI. (1814), III. 432/1. Incaiss ony of þe saidis prelattis … salbe heireftir callit and persewit at þe instance of qtsumeuir personis for warrandice of ony or þe saidis kirklandis set in few or tak be þame.
1681. Stair, Instit., I. xiii. 264. But oftimes when Warrandice is not exprest, it is implyed as Rights are to be warranted, which are granted for an Equivalent Cause onerous.
1690. in Nairne Peerage Evid. (1874), 27. This clause of warrandice wherin the Marqueis has bound himselfe.
a. 1722. Fountainhall, Decis., Suppl. (1826), III. 293. Warrandice is only incurred by legal deeds … and not by such a natural fact of unclean heartsomeness.
a. 1768. Erskine, Inst. Law Scot., II. vii. § 3. All voluntary transmissions in which absolute warrandice is either expressed or implied.
1815. R. Bell, Treat. Conveyance, 30. The warrandice of the sale of land is absolute warrandice; and, accordingly, where no warrandice was expressed, the Court found that absolute warrandice was the natural warrandice of the transaction.
1868. Act 31 & 32 Vict., c. 101 § 8. The clause … shall be held to imply absolute warrandice as regards the lands and writs and evidents.
Comb. a. 1768. Erskine, Inst. Law Scot., II. iii. § 28. Where some lands … which get the name of warrandice-lands, are disponed only eventually in security of the principal lands.
† 2. Security from danger, safety. Obs.
1512. Helyas, in Thoms, Prose Rom. (1828), III. 84. My mother … is fled for warrandise into a castell of hers.
1553–63. Becon, Reliques of Rome, 239 b. Al thoe that any manner of goods with violence or malice beare out of holy Churche,… or house of Religion, whiche that therein is layde or done for warrandise or succoure or for to be kepte.
1826. Scott, Jrnl., 12 May. Good apartments … and absolute warrandice against my dreaded enemies, bugs.
