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.

Livery of Seisin.

LIvery of Seisin is a ceremony in Law, used in the conveyance of an Estate of Free∣hold at the least in Lands and other things corporeal: but in a Lease for years, at Will, &c. Livery of Seisin is not required, it being onely a Chattel and no Free-hold. By Li∣very of Seisin, the Feoffor doth declare his willingness to part with that whereof he makes the Livery, and the Feoffees accep∣tance thereof is thereby made known and manifest. The Author of the new Termes of the Law, saith that it was invented as an open and notorious thing, by means where∣of the Common people might have know∣ledge of the passing or alteration of Estates from man to man, that thereby they might be the better able to try in whom the right and possession of Land's and Tenements were

if they should be impanelled on Juries, or o∣therwise have to do concerning the same. The usual and common manner in these daies of delivering of Seisin, I know to be so frequent, that of purpose I will omit it: But I pray you note with me before I make an end, that Livery of Sesin is of 2 sorts, viz. Livery of Seisin in Deed, and Livery of Seisin in Law, which is sometimes termed livery of Seisin within the veiw. Livery of Seisin with∣in the veiw cannot be good or effectual, ex∣cept the Feoffee doth enter into the Lands, &c. whereof the Livery of Seisin was made unto him in the life time of the Feoffor; & it is not to be passed over in silence, that a Livery in Law may sometimes be perfected by an en∣try in Law, as if a man maketh a deed of Fe∣offament, and delivers Seisin within the view, the Feoffee dares not enter for fear of death, but claimes the same, this shall vest the Free∣hold and inheritance in him, to which effect you may see the opinion of certain Justices, 38. Assis. Pl. 23. upon a verdict of Assise in the County of Dorc. And I conceive that this vesting of a new Estate, in the said case in the Feoffee, making his claim were he dares not enter, stands upon the same reason, for (con∣trariorum eadem est ratio) that the revest∣ing of an ancient Estate and Right in the dis∣seisee

doth by such claim, whereof you may read plentifully in Littleton his Chap∣ter of Continual Claim. It is worth the observation that no man can constitute a∣nother to receive Livery for him, within the view, nor yet to deliver (as I have heard my Master say) for none can take by force or vertue of a Livery in Law, but he that taketh the Free-hold himself, & è contra. Otherwise it is to take and give Li∣very of Seisin in Deed, for there aswel the Feoffee in the one case may ordain and make his Attorney, or Attorneys in his name and stead, to take Livery, as the Feoffor in the other case to give Livery, Concurren∣tibus iis quae in jure requiruntur. And now let Delivery of the Deed to be added to the sealing thereof, and the state executing of the Lands thereby conveyed, and then I presume none will refuse to allow that eve∣ry thing hath been named, which is essen∣tially required to the perfection of a bare Deed of Feoffament, and although I have mentioned the delivery of the Deed in the last place, yet it is not the least thing, or of the least consequence or moment, for after a Deed is sealed, if it be not delivered, est a¦nul purpose, it is to no purpose, and the de∣livery

must be by the party himself, or his sufficient warrant: So it may be gathered from what hath been said, that sealing of Deeds without Delivery is nothing, and that Delivery without Sealing will make no Deed, but that both Sealing and Delivery must concur and meet together, to make perfect Deeds.

I hope such as are present at the Sealing and Delivering of Deeds of Feoffament, and the State executing thereupon, will not for∣get to subscribe their names, or markes, as witnesses thereof, whereby they may the better be inabled to remember what therein hath been done, if peradventure there shall be occasion to make use of them. And it is not amiss here before I end, to observe, that although upon Deeds of Feoffament, &c. it was not usual before the latter end of Hen. 8. or thereabouts to endorse or make mention upon such Deeds of the Sealing and Delive∣ring of the Deeds, or state executing of the Lands, &c. intended thereby to be convey∣ed, (for I my self have many Deeds of Feoffament which do testifie as much) yet it is to be credibly supposed, and not with∣out some manifest probability, that such persons whose names are inserted after a

certain clause in such Deeds, beginning with hiis testibus, were eye-witnesses of all. Thus desiring you to take notice that I have called the said six parts of the Feoffament formal, because they are not absolutely of the essence of Deeds, &c. manebo in hoc gyro. I will here conclude, requesting all those to whom any sight hereof shall, or may happen to come, friendly to admonish me of my failings here∣in: Whereby they shall ever engage me thankfully.

FINIS.