3

As to the forme of the Donation
it may be Objected,

1. That it ought to be before Wittnesses, five at least;
since this donation being of very considerable
value, no formalities that the Law presentes, or
that haue been used in such Cases ought to bee
omitted; And since in seuerall Countries, such
Contracts of donation inter vivos, haue the
solemnitye not onely of being insinuated before
a magistrate; but also, of being attested by
a Competent Number of Wittnesses

2. That it ought to Express that the Donatrix, tooke
an Oath to stand to and performe the Contents of it,
Since it hath been so usually practiz'd; and
especially in the Case of woemen making
Donations inter vivos; some regard being (not
improbably) had to the frailty & inconstancy of
their sex, who, without such a Tye of an Oath
& Conscience, might, through the threats or
perswasions of one relation, be easily induced
to recall or alter what they had done in favour
of another. In the present Case, it might
much availe the Donatary; especially, if it
should fall out, that the Donatrix should be
marryed, and haue Children, and be importuned
by her husband to alter this Donation