i8o History of the English Landed Interest. 



requires much the same ocular proof of this process as he re- 

 quires in the adoration of his deity. For the former the syva- 

 bol, for the latter the idol, supplies his want. The delivery of 

 a shoe by Boaz, a bough by the Englishman, earth by the 

 Scotchman, are instances of symbols used in the conveyance 

 of land. At the time under discussion the proprietary rights 

 over land were so complex that we may excuse the mediaeval 

 Englishman if he needed some such substantial proof of posses- 

 sion as that demanded by the savage. The process of convey- 

 ing a manor from one individual to another signified that 

 there was a transference of ownership over a small portion of 

 its lands, of seignorial rights over another and larger portion, 

 and of mixed proprietary and seignorial rights over a third 

 and last portion. In other words, the new lord obtained the 

 mastership, in a more or less restricted sense, over its people, 

 the proprietorship of its demesne lands, the ownership of cer- 

 tain services and rents on its servile fields, and the joint right 

 with other people to obtain certain necessaries out of its waste. 



Antecedent therefore to the institution of Charters how very 

 essential must have been the ocular proof of all this ; to furnish 

 which the splendid incidents of a feudal transfer of seignorial 

 powers over land, with its homage, fealty, and investiture, were 

 purposely rendered as imposing as possible. 



The proud bearing of the lord was intended to commemorate 

 his retention of the " dominium directum," just as the humility 

 of the vassal commemorated the limitation of the grant to the 

 " dominium utile " only. But though conveyances by livery 

 were not really abolished till the reign of Charles II., and even 

 then survived in Gavelkind land, the " breve testatum" ^ was 

 often granted at this time by superiors on application. It was 

 confirmatory of the investiture, and paved the way to the 

 later institution of Charters. 



There are thousands of these old documents still in existence, 

 but it requires a long practice before any one can decipher the 

 abbreviated Latin and obsolete Norman - English of their 



hereditaments. The former consist of such as affect the senses, the latter 

 exist only in contemplation. — Comm., Bk. II., c. 2. 

 * Blackstone, Comm., Bk. II., v. 307. 



