Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/329

 Ch. 20. cupancy of this ign or ymbol was permitted as equivalent to occupancy of the land itelf. Among the Jews we find the evidence of a purchae thus defined in the book of Ruth : "now this was the manner in former time in Irael, concerning redeeming and concerning changing, for to confirm all things: a man plucked off his hoe, and gave it to his neighbour; and this was a tetimony in Irael." Among the antient Goths and Swedes, contracts for the ale of lands were made in the preence of witnees, who extended the cloak of the buyer, while the eller cat a clod of the land into it, in order to give poeion; and a taff or wand was alo delivered from the vendor to the vendee, which paed through the hands of the witnees. With our Saxon ancetors the delivery of a turf was a neceary olemnity, to etablih the conveyance of lands. And, to this day, the conveyance of our copyhold etates is uually made from the eller to the lord or his teward by delivery of a rod or verge, and then from the lord to the purchaor by re-delivery of the ame, in the preence of a jury of tenants.

in writing were the lat and mot refined improvement. The mere delivery of poeion, either actual or ymbolical, depending on the ocular tetimony and remembrance of the witnees, was liable to be forgotten or mirepreented, and became frequently incapable of proof. Beides, the new occaions and neceities, introduced by the advancement of commerce, required means to be devied of charging and incumbering etates, and of making them liable to a multitude of conditions and minute deignations for the purpoes of raiing money, without an abolute ale of the land; and ometimes the like proceedings were found ueful in order to make a decent and competent proviion for the numerous branches of a family, and for other dometic views. None of which could be effected by a mere, imple, corporal transfer of the oil from one man to another, which was principally calculated for conveying an abolute Rh