D E 
Mbor tZ. A deed may be written in any hand, or in any 
language, as in Latin or French, and is as good as a deed 
written in Englidi. It may be written either in a piece 
of loofe paper or parchment, or in a paper or parchment, 
fewed in a book. Co. Lit. 137. A deed mult alfo have 
the regular (lamps, impofed on it by the feveral datutes, 
for the increafe of the public revenue ; elfe it cannot be 
given in evidence. 
The matter written mud be legally and orderly fet 
forth ; that is, there mud be words fufficicnt to fpecify 
the agreement, and bind the parties ; which fufficiency 
mud "be left to the courts of law to determine. Co. Lit. 
225. For it is not abfolutely neceffary in law, to have 
all the formal parts that are uf'ually drawn out in deeds, 
fo as there be fufficient words to declare clearly and le¬ 
gally the party’s meaning. But,, as thefe formal and 
orderly parts are calculated to convey that meaning in 
the cleared, didindted, and mod effectual, manner, and 
have been well confidered and fettled by the wifdom of 
fucceflive ages, it is prudent not to depart from them 
without good reafon or urgent necedity ; therefore they 
fhould be recapitulated in their ufuah order. It may in 
the fird place be generally obferved with regard to the 
words requidte in a deed ; that they depend upon the ef- 
tate intended to be conveyed. If a man would purchafe 
lands or tenements in fee-fimple, it behoves him to have 
thefe words in his purchafe, To have and to hold to him 
and to his heirs; for thefe words, “his heirs,” (only) 
make the edate of inheritance, in all feoffments and grants. 
But this is to be underdood of natural bodies ; for if 
lands be given to a foie body politic or corporate, as to a 
bifhop, parfon, vicar, mader of an hofpital, &c. there, 
to give him an edate of inheritance in his politic or cor¬ 
porate capacity, he mud ufe thefe words, To have and 
to hold to him and his fuccedors. Co. Lit. S, &c. If an 
edate-tail is intended to be created, the words mud be, 
To have and to hold to him and to the heirs of his body. 
The infertion of the word heirs or fuccejfors , as. the cafe 
requires, is therefore abfolutely necedary in conveyances 
of edates of inheritance; for if a man purchafe lands by 
thefe words, To have and to hold to him for ever, he has 
but an edate for term of life. See Co. Lit. 8 b. 
The premifes are ufed to fet forth the number and 
names of the parties, with their additions or titles. 
They alfo contain the recital, if any, of fuch deeds, 
agreements, or matters of fa6t, as are necedary to explain 
the ’reafons upon which the prefent tranfaclion is found¬ 
ed ; and herein alfo is fet down the condderation upon 
which the deed is made. Then follows the certainty of 
the grantor, grantee, and thing granted. And next come 
the habendum and tenendum. The office of the habendum, 
is properly to determine what edate or intered is granted 
by the deed ; though this may be performed, and fome- 
times is performed in the premifes. In which cafe the 
habendum may leffien, enlarge, explain, or qualify, but 
not totally contradict or be repugnant to, the edate 
granted in the premifes. As if a grant be “to A. and 
the heirs of Iris body,” in the premifes, habendum “to 
him and his heirs for ever,” or vice verfa , here A. has an 
edate tail, and a fee-fimple expectant thereon. Co. Lit. 
ai. 2 Ro!. Rep. 19. But, had it been in the premifes, 
“to him and his heirs,” habendum , “to him for life,” 
the habendum would be utterly void. 2 Rep. 23. for an ef- 
tate of inheritance is veded in him before the habendum 
comes, and (hall not afterwards be taken away, or de- 
veded, by it. The tenendum , “and to hold,” is now of 
very little ufe, and is only kept in by cudom. It was 
fometimes formerly ufed to (ignify the tenure, by which 
the edate granted was to be holden ; viz. “ tenendum per 
fervitium militare, in burgagio, in libero Jbcagio, &c.” But, 
all thefe being now reduced to free and common focage, 
the tenure is never fpecified. Before the datute of quia 
emptores, 18 Edw. I. ft. 1, it was alfo fometimes ufed to 
denote the lord of whom the land fhould be holden; 
but that datute dire&ing all future purchafers to hold. 
E D. 655 
not of the immediate grantor, but of the chief lord of 
the fee ; this ufe of the tenendum has been alfo antiquated. 
Next follow the terms of dipulation, if any, upon 
which the grant is made ; the fird of which is the red- 
den dim, or refervation, whereby the grantor doth create 
or relerve fome new thing to himfelf out of what he had 
before granted. As “ rendering therefore yearly the 
fum'of ten drillings, or a pepper corn, or two day’s 
ploughing, or the like.” Under the pure feudal fyftem„ 
this render, reditus, return, or rent, confided in chivalry, 
principally of military fervices; in villenage, of the 
mod flaviffi offices; and in focage it uf'ually confids of 
money, though it may dill confid of fervices, or of any 
other certain profit. To make a reddendum good, if it be 
of any tiring newly created by the deed, the refervation 
mud be to the grantors, or fome, or one of them, and 
not to any dranger to the deed. Plczod. 13- But if it beef 
antient fervices or the like, annexed to the land, then 
the refervation may be to the lord of the fee. 
Another of the terms upon which a grant may be 
made, is a condition ; and next to this the claufe of war¬ 
ranty. This was antientlv inferted in deeds to fecure 
the edate to the grantee and his heirs, &c. and was a co¬ 
venant real, annexed to the land granted, by which the 
grantor and his heirs were bound to warrant the fame to 
the grantee and his heirs, and that they diould quietly hold 
and enjoy it; or upon voucher, &c. the grantor thould 
yield other lands, to the value of what fhould be evicted. 
After warranty ufually follow covenants, or conven¬ 
tions; which are claufes of agreement contained in a 
deed, whereby either party may dipulate for the truth of 
certain fafts, or may bind himfelf to perform, or give, 
fomething to the other. Thus the grantor may cove¬ 
nant that he hath a right to convey ; or for the grantee’s 
quiet enjoyment, or the like ; the grantee may covenant 
to pay his rent, or keep the premifes in repair, &c. If 
the covenantor covenants for himfelf and his heirs, it is 
then a covenant real, and defeends upon the heirs, who 
are bound to perform it, provided they have affiets by 
defeent, but not otherwise ; if he covenants alfo for his 
executors and adminiftrators, his perfonal affiets, as well 
as his real, are likewife pledged for the performance of 
the covenant; which makes fuch covenant a better fecu- 
rity than any warranty. It isalfo in fome refpebts a lefs 
fecurity, and therefore more beneficial to the grantor, 
who ufually covenants only for the adls of himfelf, and 
his anceftors, whereas a general warranty extended to all 
mankind. For which reafons the covenant has in mo¬ 
dern practice totally fuperfeded the other. 
Laflly, comes the couclujion, which mentions the execu¬ 
tion and date of the deed, or the time of its being given 
or executed, either exprefsly, or by reference to fome 
day or year before-mentioned. Not but a deed is good, 
although it mention no date ; or hath a falfe date, or even 
if it.hath an impoffible date, as the 30th of February, 
provided,the real day of its being dated or given, that is 
delivered, can be proved. Co. Lit. 46. Dyer 28. 
A fifth requifite for making a good deed is the reading 
of it. This is neceffiary, wherever any of the parties 
defire it ; and, if it be not done on his requed, the deed 
is void as to him. If he can, he fhould read it himfelf; 
if he be blind or illiterate, another muft read it to him.. 
If it be read falfly, it will be void; at lead for fo much 
as is mif-recited; unlefs it be agreed by collufion, that the 
deed (hall be read falfe, on purpofe to make it void ; for 
in fuch cafe it (hall bind the fraudulent party. 2 Rep. 3, 9^ 
It is requifite that the party or parties, whole deed it 
is, fhould feal, and now in mod cafes diould fign it alfo. 
The ufe of feals, as a mark of authenticity to letters and 
other indruments in writing, is extremely antient. We 
read of it among the Jews and Perfians in theearlied and 
mod facred records of hidory. But in the times of our 
Saxon ancedors, they were not much in ufe in England. 
The method of the Saxons was for fuch as could write-to 
fubferibe their names; and, whether they could write or 
not- 
