Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/327

 Ch. 20. life; unles the feoffor, by expres proviion in the creation and contitution of the etate, hath given it a longer continuance. Thee expres proviions are indeed generally made; for this was for ages the only conveyance, whereby our ancetors were wont to create an etate in fee-imple, by giving the land to the feoffee, to hold to him and his heirs for ever; though it erves equally well to convey any other etate of freehold.

by the mere words of the deed the feoffment is by no means perfected. There remains a very material ceremony to be performed, called livery of eiin; without which the feoffee has but a mere etate at will. This livery of eiin is no other than the pure feodal invetiture, or delivery of corporal poeion of the land or tenement; which was held abolutely neceary to complete the donation. "Nam feudum ine invetitura nullo modo contitui potuit :" and an etate was then only perfect, when, as Fleta exprees it in our law, "fit juris et eiinae conjunctio ."

, in their original rie, were probably intended to demontrate in conquered countries the actual poeion of the lord; and that he did not grant a bare litigious right, which the oldier was ill qualified to proecute, but a peaceable and firm poeion. And, at a time when writing was eldom practied, a mere oral gift, at a ditance from the pot that was given, was not likely to be either long or accurately retained in the memory of by-tanders, who were very little intereted in the grant. Afterwards they were retained as a public and notorious act, that the country might take notice of and tetify the transfer of the etate; and that uch as claimed title by other means might know againt whom to bring their actions.

all well-governed nations, ome notoriety of this kind has been ever held requiite, in order to acquire and acertain the Rh