656 D E 
not* to affix the fig'n of tlie crofs; which cuftom our il¬ 
literate vulgar do, for the moll part, to this day keep up, 
by figning a crofs for their mark, when unable to write 
their names. In like manner, the Normans, at their fir ft 
fettlement in France, ufed the practice of foaling only, 
without writing their names; which cuftom continued, 
when learning made its way among them, though the 
reafon for doing it had ceafed ; and hence the charter of 
Edward the Confeffor to Weftminfter Abbey, himfelf 
being brought up in Normandy, was witneffed only by 
his leal, and is generally thought to be the oldelt fealed 
charter of any authenticity in England. Lamb. Archcicn 
51. At the conquelt, the Norman lords brought over 
into this kingdom their own falhions, and introduced 
waxen feals only, inftead of the Englifh methods of writ¬ 
ing their names, and ligning with the fign of the crofs. 
Ingulph. And in the reign of Edward I. every freeman, 
and even fuch of the more fubllantial villeins as were fit to 
be putupon juries, had their diftindt particular feals. Stat. 
Exon. 14 Edw. I. Coats of arms were not introduced into 
feals, nor indeed into any other ufe, till about the reign 
of Richard I. who brought them from the croifade in 
the Holy Land. This negledt of figning, and relting 
only upon the authenticity of feals, remained very long 
among 11s ; for it was held in all our books that fealing 
alone was fufticient to authenticate a deed ; and fo the 
common form of attcfting deeds, “fealed and delivered,” 
contimies to this day, notwithllanding 29 Car. II. c. 3, 
revives the Saxon cuftom, and exprefsly diredls the fign¬ 
ing.in all grants of lands, and many other fpecies of 
deeds ; in which therefore figning feems to be now as ne- 
celfary as fealing, though it hath been fometimes held 
that the one includes the other. 3 Lev. 1. Stra. 764. 
A feventh requifite to a good deed is, that it be deli¬ 
vered, by the party himfelf or his certain attorney ; 
which therefore is alfo expreffed in the attdhition; 
“ fealed and delivered.” A deed takes efredt only from 
this tradition or delivery ; for if the date be falfe or im- 
pollible, the delivery afeertains the time of it. And if 
another perfon feals the deed, yet if the party delivers 
it himfelf, he thereby adopts the fealing; Perk. 130. and 
by a parity of reafon the figning alfo, and makes them 
both his own. A delivery may be either abfolute, that 
is, to the party or grantee himfelf; or to a third perfon, 
to hold till fome condition be performed on the part of 
the grantee ; in which lad cafe it is not delivered as a 
deed, but as an eferezo \ that is, as a fcrowl or writing, 
which is not to take effect as a deed, till the condition be 
performed, and then it is a deed toall intents andpurpofes. 
Co. Lit. 36. The figning is of great ufe, for the fublcrib- 
ing witneffes to the deed may be dead, when proving 
their death, and the hand-writing of the party executing 
the deed, will be fufficient to efiablifh the fame. If a 
writing is not fealed, it cannot be a deed. 3 Infc. 169. 
5 Rep. 23. 
If two make a deed, and one of them feals it at one 
time, and the other at another time; this is as good as if 
they fealed it together. Lane, 32. If 1 have fealed my 
deed, and after I deliver it to him to whom it is made, 
or to fome other by his appointment, and fay nothing, 
this is a good delivery. So if I take the deed in my hand, 
and ufe thefe, or the like words, here take him-, or, this 
will ferve \ or, I deliver this as my deed ; or, / deliver himyou ; 
thefe are deliveries. So if I make a deed of land to ano¬ 
ther, and, being upon the land, I deliver the deed to him 
.in the name of feilin of the land; this is a good delivery. 
So it the deed be fealed, or lying in a window, of on a 
table, and I ufe thefe, or the like words, There he is, take 
it as my deed-, this is a good delivery, and perfects the 
deed ; for, as a deed may be delivered by words without 
adls, fo may it alfo be delivered by adls without words. 
Dyer, 167. Co. Lit. 36. Contra, if the party to whom 
made takes it without any aft done purporting to be a 
delivery. But where parties have come for the purpofe, 
E D. 
and done every thing but delivery, it has been adjudged 
a good delivery. Cro. Eliz. 7. 1 Leon. 140. 
The laft requifite to the validity of a deed is, the at¬ 
teftation, or execution of it in the prefence of witneffes: 
this however is necelfary, rather for preferring the evi¬ 
dence, than for conllituting the effence of the deed. Our 
modern deeds are in reality nothing more than an im¬ 
provement or amplification of the brevia tejlata mentioned 
by the feodal writers; which were written memoran¬ 
dums, introduced to perpetuate the tenor of the convey¬ 
ance and inveftiture, when grants by parol only became 
the foundation of frequent difpute and uncertainty. To 
this end they regiflered in the deed the perfons w ho at¬ 
tended as witneffes, which was formerly done without 
figning their names, (that not being always in their 
power,) but they only heard the deed read; and then the 
clerk or fcribe added their names, in a fort of memoran¬ 
dum, ii hiis tejlibus, &c.” This, like all other folemn 
tranfaclions, was originally done only coram paribus, and 
frequently when aflembled in the court-baron, hundred, 
or county-court, which was then expreffed in the attefta- 
tion, tcjle comitatu, hundredo, St c. Spcl/n. Glof. 228. Madox 
Formul. N. 221. Afterwards the atteftation of other wit¬ 
neffes was allowed, the trial in cafe, of a difpute being 
Hill referved to the pares ; with whom the witneffes (if 
more than one) were alfociated and joined in the verdidt; 
(Co. Lit. 6.) till that alio was abrogated by the ftatute of 
York, 12 Edw. II. ft. 1. c. 2. And in this manner, with 
fome fuch claufe of hits trjiibus, are all old deeds and 
charters, particularly magna charta, witneffed. And in 
the time of fir Edward Coke, creations of nobility were 
ftill witneffed in the fame manner. But in the king’s 
common charters, writs, or letters-patent, the ftile is now 
altered : for at prefent the king is his own wi.tnefs, and 
attefts his letters-patent thus, “ Wirnefs ourfelf at Weft¬ 
minfter, &c.” a form which was introduced by Richard I. 
but not commonly ufed till about the beginning of the 
fifteenth century; nor the claufe of hiis tejlibus entirely 
difeontinued till the reign of Henry VIII. which was alfo 
the era of dilcontinuing it, in the deeds of fubjedts, learn¬ 
ing being then revived, and the faculty of writing more 
general; and therefore ever fince that time the witnefles 
have ufually lubfcribed their atteftation, either at the 
bottom or on the back of the deed. 2 lnjl. 78. 
From what has been before laid down, it will follow, 
that if a deed wants any of the elfential requiiites before- 
mentioned; either, 1. Proper parties, and a proper fub- 
jedt matter. 2. A good and fufficient conlideration. 3. 
Writing on paper or parchment, duly ftamped. 4. Suf¬ 
ficient and legal words, properly difpofed. 5. Reading 
if defired before the execution. 6. Sealing; and, by the 
ftatute, in moll cafes figning alfo; or, 7. Delivery, it 
is a void deed ab initio. It may alfo be avoided by mat¬ 
ter ex pojl JaElo, as, 1. By rafure, interlining, or other 
alteration in any material part; unlefs a memorandum 
be made thereof at the time of execution and atteftation. 
11 Rep. 27. 2. By breaking off, or defacing the feal. 3. 
By delivering it up to be cancelled; that is, to have 
lines drawn over it in the form of a lattice-work or can - 
celh ; though the phrafe is now ufed figuratively for any 
manner of obliteration. 4. By the dilagreement of fuch, 
whole concurrence is neceffary, in order for the deed to 
Hand ; as a htifband where a feme-covert is concerned 5 
an infant, or perfon under durefs,i when thofe difabilities 
are removed; and the like. 3. By the judgment or de¬ 
cree of a court of judicature. This was anciently the 
province of the court of ftar-chamber, and now of the 
chancery: when it appears that the deed was obtained by 
fraud, force, or other foul practice ; or is proved to be 
an abfolute forgery. 1 Ventr. 348. In any of thefe cafes 
the deed may be avoided, either in part or totally, accord¬ 
ing as the caufe of avoidance is more or lefs extenfive. 
If there be any alteration, rafure, or interlining, made 
in any part of the deed before the delivery of it, this will 
/ not 
