A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.

CHAP. XXXI. FEOFFMENTS.

A Feoffment, is an estate made by delivery of Possession, and seizin by the party, or his sufficient Attorney.

A man cannot make livery of seizin, before he have the Possession.

A Joynt-Tenant cannot enfeoffe his Compani∣on.

A Co-partner make a Feoffment of his part, or release.

A man cannot enfeoffe his Wife.

A Disseizor cannot enfeoffe the Dsseizee; for his entrie is lawfull upon the disseizor.

Such persons as have possession in lands for yeers, or for life, &c. cannot take by livery and seizin of the same Lands.

IF a Feoffment be made, and the Lessee for years give leave to the Lessor to make Livery and seizin of the Premisses, saving to himself his Lease, &c. and he doth, the terme is not surrendred; for the Lessee had an Interest which could not be surrendred without his consent to surrender, & here his intent to surrender doth not appear; where∣fore he may enter, & have his term & the rent is renewed,

but it is otherwise with a Lessee for life, and the rent is extinct.

The Lessor cannot make Livery and seizin against the Will of the Lessee being on the Land; But he may grant the Reversion, and if the Lessee do Attorn, the Free-hold will pass without Livery of seizin.

Livery of Seizin.

LIvery of seizin, is a Ceremonie used in Conveyance of Lands, that the Common people might know of the passing, or alterati∣on of the estate: it is requisite in all Feoff∣ments, gifts in the tayle, and Leases for life, made by deed, or without deed.

No Free-hold will pass without Liverie of seizin, except by way of surrender, Parti∣tion, or exchange, or by matter of Record, or by Testament.

Livery of seizin must be made in the life∣time of him that made the estate.

Dona clandestina sant semper suspitiosa.

BY Livery of seizin in one County, the Lands in another County will not pass.

Livery within view, is good, if the Feoffee

do enter in the life-time of the Feoffor.

Livery may not be made of an estate to be∣gin in Future, for no estate in Frank-Tene∣ment may be given in Futuro, but shall take effect presently, by Livery and Seizin.

Of Ʋses.

THe Statute of 27. H. 8. hath advanced uses, and hath established suretie for him that hath the Use against his Feoffees; for before the Statute, the Feoffees were owners of the Land, but now it is destroyed, and the cestya{que} Use is owner of the same; before the possessi∣on ruled the Use, but since the Use governeth the possession, Indentures subsequent be suf∣ficient to direct the Uses of a Fine or Reco∣very precedent, when no other certain and full declaration was made before.

Attorney.

AN Attorney ought to do every thing in the name, and as the act of him which gave him the authority; as Leases in name of the Lessor, but he must say, by vertue of his Letter of Attorney, I do deliver you possessi∣on and seizin of, &c. for, &c.

An Attorney must first take possession be∣fore he can make Livery of Seizin.

If an Attorney do make Livery of Seizin;

otherwise then he hath warrant, then it is a diseizin to the Feoffor.

An Attorney must be made by writing sea∣led, and not by word.