Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/324

 308 cae of a dipute being till reerved to the pares; with whom the witnees (if more than one) were aociated, and joined in the verdict : till that alo was abrogated by the tatute of York, 12 Edw. II. t. 1. c. 2. And in this manner, with ome uch claue of hijs tetibus, are all old deeds and charters, particularly magna carta, witneed. And, in the time of ir Edward Coke, creations of nobility were till witneed in the ame manner. But in the king's common charters, writs, or letters patent, the tile is now altered: for, at preent, the king is his own witnes, and attets his letters patent thus; "tete meipo, witnes ourelf at Wetminfter, &c:" a form which was introduced by Richard the firt, but not commonly ued till about the beginning of the fifteenth century; nor the claue of hijs tetibus intirely dicontinued till the reign of Henry the eighth : which was alo the aera of dicontinuing it in the deeds of ubjects, learning being then revived, and the faculty of writing more general: and therefore ever ince that time the witnees have ubcribed their attetation, either at the bottom, or on the back, of the deed.

III. are next to conider, how a deed may be avoided, or rendered of no effect. And from what has been before laid down it will follow, that if a deed wants any of the eential requiites before-mentioned; either, 1. Proper parties, and a proper ubject matter: 2. A good and ufficient conideration: 3. Writing, on paper or parchment, duly tamped: 4. Sufficient and legal words, properly dipoed: 5. Reading, if deired, before the execution: 6. Sealing; and, by the tatute, in many caes igning alo: or, 7. Delivery : it is a void deed ab initio. It may alo be avoided by matter ex pot facto: as, 1. By raure, interlining, or other alteration in any material part; unles a memorandum be made thereof at the time of the execution and attetation. 2. By breaking off, or defacing, the eal. 3. By Rh