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[001] the donor is bound to warrant and is unwilling to defend his feoffee in his seisin so
[002] that the demandant prevails against him, the donor is bound to provide escambium
[003] to the value. Who may be bound to warrant, and to whom, when and when not,
[004] will be explained more fully below, [in the tractate on warranty,] for it is too lengthy
[005] a matter to expound here.1 The charter says ‘against all persons,’ and here it must
[006] be explained that one or several may be excepted from this general clause, as where
[007] it is said ‘we will warrant against all persons except against such.’2 When the
[008] words are general, ‘against all persons,’ we must see whether he and his heirs must
[009] warrant against themselves. And clearly they are not included within this general
[010] clause, [because if they claim the land in demesne contrary to their gift and charter
[011] the action is extinguished by the exception of gift,] since they may not claim what
[012] they must warrant against others, [And so if they claim a service not owed, the
[013] feoffees will be protected by the charter, or the action ‘that they not exact unowed
[014] customs and services’ will be given them,3 [for] if a feoffor claims against his feoffee
[015] the action de warrantia carte will never lie.]4 nor sue where they ought to defend.5
[016] The charter reads ‘by the aforesaid service,’ that is, by the service expressed in the
[017] charter of gift, for were none there expressed the addition ‘by the aforesaid service’
[018] would be superfluous. Hence it appears that all services and customs due the chief
[019] lord, the feoffor, from the tenement given must be set out in the charter of gift, and
[020] that nothing other than what is so expressed may be claimed.6 By these words it also
[021] appears that the donor will be bound to warrant though neither homage nor fealty
[022] is taken.

[The credit to be given charters and other instruments if impugned in court].7

[024] Since credence would not be given to a writing of this kind unless some sign
[025] appeared that the gift and writing proceeded from the understanding and agreement
[026] of the donor, therefore, in testimony and in proof8 of the transaction let the
[027] donor affix9 such sign, by adding to the charter of gift this clause, ‘That it may be
[028] secure (or ‘In testimony whereof’) I have set my seal to this writing.’ Witnesses
[029] ought also to be called [and10 let everything be done in their presence with due
[030] ceremony, that they may verify what was done if required to do so,] and their
[031] names included in the charter. If they are not present at the making of the charter
[032] it is sufficient if it is afterwards read and approved [in their presence], both donor
[033] and donee being present.11 It is safer


1. Infra iv, 191

2. Infra iv, 220

3. Infra iv, 243

4. ‘[quia] si feoffator ... cartae,’ from lines 16-17; infra iv, 244

5. Reading: ‘nec petant ubi defendere deberent’; om: ‘stare poterit ... quod quis,’ a connective

6. Supra 62, 66, 67, 112

7. From infra 121, lines 4-5; iv, 235

8. ‘ad probationem’

9. ‘apponat’

10. ‘et’

11. Cf. infra iv, 241

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