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[001] greeting. Summon by good summoners A. B. and C., the witnesses named etc. (as
[002] above) and also eight, knights as well as others etc. (as above) to be present on such a
[003] day etc. to recognise upon their oath together with D. E. and F., the other witnesses
[004] named in the same charter, and [also] eight (or ‘twelve’) free and lawful men of such
[005] other county (and so with respect to other counties if witnesses and knights are to be
[006] summoned) to recognise upon their oath etc. (as above).’

If the charter is good and so acknowledged but the donor was not compos mentis nor of sound mind when he made that gift.

[008] And so if the charter is acknowledged, that is, the writing and the seal, but it is excepted
[009] against it that it ought not to avail because it was made while the donor was
[010] incapacitated and of unsound mind, or after he had lost his memory in the illness of
[011] which he died,1 or while the donor was within age, or that the charter was extorted by
[012] force and fear while the donor was held in chains, [that is], where the donor protested
[013] when that became possible.2 And so if the charter was secured by fraud, as where the
[014] donee made himself a charter of feoffment when he ought to have made a chirograph
[015] for a term,

If the charter was made fraudulently, because when it ought to be made for life it was made in fee.

[017] [or] in fee where it ought to be for life, and the like, [provided there is nothing which
[018] may be imputed to the donor's own inexperience or negligence, as where he had delivered
[019] his seal to his steward, or his wife, when it ought to be guarded more carefully,
[020] since a wife and a seal may be deemed equals,]3 according to the various kinds of
[021] records. He who proffers the charter must then allege and prove the contrary, that is,
[022] that the donor was compos mentis and of good memory, of full age and the like. As an
[023] example, let the inquest be made in each case in the following form.

An inquest as to whether he was of sound mind.

[025] ‘The king to the sheriff, greeting. Summon by good summoners A. and B., the witnesses
[026] named etc. and in addition eight, knights as well as etc. (as above) to recognise
[027] on their oath whether or not the said C., in his liege power and while he was compos
[028] mentis and of good memory (or ‘sane mind’) gave so much land with the appurtenances
[029] in such a vill (or ‘the advowson of such a church’ or whatever) to the said D.4
[030] and made him his charter thereof, as to which E., the son and heir of the said C.,
[031] against whom the said D. in our court etc. claims the said land (or ‘the said advowson,
[032] or whatever) says that the aforesaid C. his father (or other


1. Supra ii, 59-61

2. Supra ii, 64

3. Om: ‘et huiusmodi,’ a connective

4. ‘D’

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