Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/328

 312 property of lands. In the Roman law plenum dominium was not aid to ubit, unles where a man hath both the right, and the corporal poeion; which poeion could not be acquired without both an actual intention to poes, and an actual eiin, or entry into the premies, or part of them in the name of the whole. And even in eccleiatical promotions, where the freehold paes to the peron promoted, corporal poeion is required at this day, to vet the property completely in the new proprietor; who, according to the ditinction of the canonits, acquires the jus ad rem, or inchoate and imperfect right, by nomination and intitution; but not the jus in re, or complete and full right, unles by corporal poeion. Therefore in dignities poeion is given by intallment; in rectories and vicarages by induction, without which no temporal rights accrue to the miniter, though every eccleiatical power is veted in him by intitution. So alo even in decents of lands, by our law, which are cat on the heir by act of the law itelf, the heir has not plenum dominium, or full and complete ownerhip, till he has made an actual corporal entry into the lands: for if he dies before entry made, his heir hall not be intitled to take the poeion, but the heir of the peron who was lat actually eied. It is not therefore only a mere right to enter, but the actual entry, that makes a man complete owner; o as to tranmit the inheritance to his own heirs: non jus, ed eiina, facit tipitem.

, the corporal tradition of lands being ometimes inconvenient, a ymbolical delivery of poeion was in many caes antiently allowed; by transferring omething near at hand, in the preence of credible witnees, which by agreement hould erve to repreent the very thing deigned to be conveyed; and an oc- Rh