land land land in the legal signification comprehend any ground soil or earth  whatsoever as meadow pasture wood more water Marshes Furses and heath land be  nomen generalissimum to bind together all species terrae but proper land  to say a to rub because plowshare to rub andanciently it be write with a  singler and in that sense it include whatsoever may be blow and be all one  with female external genitalia  ab to plough it legal include also all castle  house and other building for castle house c consist upon two thing videlicet  land or ground as the foundation and structure thereupon so as pass the land  or ground the structure or building thereupon pass therewith land be ancient  call Fleth but land build be more worthy than other land because it be for the  habitation of man and in that repeat have the precedency to be demand in the  first place in a praecipe ashereafter shall be say and therefore this element  of the earth be prefer before the other element first and principal because it  be for the habitation and rest place of man for man can rest in any of the  other element neither in the water air or fire for as the heaven be the  habitation of almighty God so the earth have he appoint as the suburb of  heaven to be the habitation of man coelum sky lord earth autem devoted to son  man all the whole heaven be the lord the earth have he give to the child of  man beside every thing as it serve more immediate or more mere for the food  and use of man as shall be say hereafter have the precedent dignity before any  other and this do the earth for out of the earthcommeth man food and breed  that strengthen man heart encouraged cor man and wine that glad the heart of  man and oil that make he a cheerful countenance and therefore land formerly  Ops mater dictam be because all here opus to have and vivend and the divine  agree herewith for he say native land flute nurse mother month house  to put down earth Deus say grave flute haec the same devoted to also the water  that yield fish for the food and sustenance of man be not by that name  demandableina praecipe but the land whereupon the water flow or stand be  demandable as for example twenty sharp ter water overwhelmed and beside the  earth do furnish man with many other necessary for his use as it be replenish  with hide treasure namely with gold silver brass iron tin lead and other metal  and also with great variety of precious stone and many other thing for profit  ornament and pleasure and last the earth have in law a great extent upward not  only of water as have be say but of air and all other thing even up to heaven  for pron. interrog. be solum he be usque and coelum as it be hold Hen.8.fo Hen  edward king origin and in other book and albeit land whereof our author here  speak be the most firm and fix inheritance and therefore it be call solum quid  be solid figure and feesimple the most high and absolute estate that a man can  have yet may the same at several time be movable sometime in one person and  alternately turn in another nay sometime in one place and sometime in another  as for example if there be acre of meadow which have be use time out of mind  of man to be divide between certain person and that a certain number of acre  appertain to every of these person as for example to a acre to be yearly  assign and lot out so as sometime the acre lie in one place and sometime in  another and so of the rest a have a moveble feesimple in acre and may be  parcel of his manor albeit they have no certain place but yearly set out in  several place so as the number only be certain and the particular acre or  place wherein they lie after the year incertain and so it be adjudge in the  king bench upon a especial verdict if a partition be make between two  coparceners of one and the self same land that the one shall have the land  from easter until Lammas to her and to her heir and the other shall have it  from Lammas till easter to her and her heir or the one shall have it the first  year and the other the second year alternately turn c there it be one self  same land wherein two person have several inheritance at several time so it be  if two coparceners have two several manor by descent they make partition that  the one shall have the one manor for a year and the other the other manor for  the same year and after that year then he that have the one manor shall have  the other such alternately turn for ever and albeit the manor be severeall yet  be they certain and therefore strong than Bridgewaters case so as this do make  a division of state of inheritance of land videlicet certain or movable  whereof Littleton here speak and incertain and movable whereof these three  case for example have be put wherein it be to be note that the possession be  not only several but the inheritance also it be also necessary to be see by  what name land shall pass by what name c land c shall pass a if a man have  twenty acre of land and by deed grant to another and his heir vesturam terrae  and make livery of seize secundum form papyrus  the land it self shall not  pass because he have a particular right in the land for thereby he shall not  have the house timber tree i and other real thing parcel of the inheritance  but he shall have the vesture of the land that be the corn grass Underwood  Swepage and the like and he shall have a action of trespass quare  enclosed space to break in pieces b the same law if a man grant herbagium  terrae he have a like particular right in the land and shall have a action  quare enclosed space to break in pieces but by grant thereof and livery make  the soil shall not pass as be aforesaid c if a man let to b the herbage of his  wood and after grant all his land in the tenure possession or occupation of b  the wood shall pass for b have a particular possession and occupation which be  sufficient in this case and so it be resolve d so if a man be seize of a river  and by deed do grant separalem piscariam in the same and make livery of seize  secundum foreman papyrus  the soil do not pass nor the water for the grantor  may take water there and if the river become dry he may take the benefit of  the soil for there pass to the grantee but a particular right and the livery  be make secundum foreman papyrus  can enlarge the grant e for the same reason  if a man grant water to sew the soil shall not pass but the Pischarie within  the water pass therewith and land cover with water shall be demand by the name  of so many acre water overwhelmed whereby it appear that they be distinct  thing f so if a man grant to another to dig traves in his land and to carry  they at his will and pleasure the land shall not pass because but part of the  profit be give for tree i c shall not pass g but if a man seize to land in fee  by his deed grant to another the profit of those land to have and to hold to  he and his heir and make livery secundum form papyrus  the whole land it self  do pass for what be the land but the profit thereof for thereby vesture  herbage tree i and all whatsoever parcel of that land do pass h by the grant  of the Boillourie of salt it be say that the soil shall pass for it be the  whole profit of the soil and this be call spittle of the French word salure  for a salt-pit and you may read de spittle in Domesday and Selda signify the  same thing I where you shall read in record de lacerta in depth littera salse  there lacerta signify a fathom a man seize of diverse acre of wood grant to  another all boscos swine all his wood not only the wood grow upon the land  pass but the land it self and by the same name shall be recover in a praecipe  for Boscus do not only include the tree but the land also whereupon they grow  k the same law if a man in that case grant all boscos swine to come into being  c yet the land itself shall pass as it have be adjudge Frassetum signify a  wood or ground that be woody l if a man have a wood of elder tree contain acre  and grant to another promontory  alneti with a n not a five the wood of elder  and the soil thereof shall pass but no other kind of wood shall pass by that  name Alnetum be where alder arbores to come into being and Sullings be take  for elder m salicetum do signify a wood of wilowes where salices  to come into being these tree in our book be call sauce Selda be a wood of  sallow Willows or withy a bracky ground be call Filecetum where silice  to come into being a wood of ash be call Fraxinetum where ashtree  to come into being and pass by that name and Lupulicetum where hop grow and  Arundinetum where reed grow some say that Dene or den whereof Dena come be  proper a valley or dale Denasylvae and the like n Drofden or Drufden or Druden  signify a thicket of wood in a valley for druf or dru signify a thicket of  wood and be often mention in Domesday and sometime Dena or denna signify as  shaggy hair and den a town oh cope signify a hill so do law as Stanlawe be  of rock strike together p how also signify a hill and hope comb and stow be  valley so do clough and Dunham or duna signify a hill or high ground and  therefore common the town that end in do have hill or high ground in they  which we call down it come of the old French word do Q in our Latin a wood be  call Boscus to make heavy signify a little wood in old deed and Hirst or burst  a wood and so do holt and Shawe twaite signify a wood grub up and turn to  arable stethe or stead betoken proper a bank of a river and many time a place  as stow do and Wic a place upon the sea shore or upon a river lea or lie  signify pasture r if a man do grant all his pasture Pasturas the land it self  employ to the feed of beast do pass and also such pasture or feed as he have  in another man soil Leswes or Lesues be a Saxon word and signify pasture S  between to cause to eat and pasture the legal difference be that  to cause to eat in one signification contain the ground it self call pasture  and by that name be to be demand pasture feed be wheresoever cattle be feed of  what nature soever the gound be and can be demand in a praecipe by that name t  if a man grant all meadow sus all his meadow the land it self of that kind  pass to say meadow quasi a preparation because it grow of one without  maintenance u a man grant all brueras urge the soil where heath do grow pass  and may be demand by that name in a praecipe it be derive from bruyer a French  word for heath and it be call Ros in the British tongue Roncaria or Rancaria  signify land full of bramble brier and be derive of Roucier the French word  which signify the same as much as thornbrake a by the grant of all Juncarias  or joncarias the soil be rush do grow do pass for lonc in French be a rush  whereof Joncaria come b a man grant all Ruscarias urge the soil where ruscii  kneholme or butcher prick or broom do grow shall pass and so in the verse in  the register it be call but in f n b fol in the verse Pischaria be put in  stead of Ruscaria and Jampna come of lonc and nower a waterish place and be  all one in effect with Joncaria he that grant all kind of rush swine all his  fen or marsh ground do pass Mariscus be derive of the French word mere or  marets the Latin word for it be palus or locus fenny Mora be derive of the  English word more and signify a more barren and unprofitable ground than marsh  dangerous for any cattle to go there in respect of miry and moorish soil  neither serve it for get of traves there c you shall read in record that such  a man perquisuit trescent sharp maretti c this word maretrum be derive of mare  the sea and to cover and proper signify a moorish and gravelly ground which  the sea do cover and overflow at a full sea and lie between the high water  mark and the low water mark infra to flow refluxum maris by grant of these  particular kind the land of these particular kind only do pass but as have be  say by the grant of land in general all these particular kind and some other  do pass non I si centum linguae to be a cable centum all the earth to run  nomina to be able and therefore let we turn our eye to general word which do  include land of several sort and quality d by the name of a honour which a  subject may have diverse manor and land may pass so by the name of a isle  island many manor land and tenement may pass holme or hulmus signify a isle or  fenny ground a commote be a great signiory may include one or diverse manor e  by the name of a castle one or more manor may be convey e turning by the name  of a manor c a castle may pass in Domesday I read come of to have in his  castellatu maner c praeter keeper of a reservoir to have maner and in that  book a castle be call town and castrum and house easily defended and to chew  of a wall f but note by the way that no subject can build a castle or house of  strength embattle c or other fortress defensible call in law by the name  aforesaid and sometime house kernellatae or Carnellatae imbattellatae  tenellatae machecollatae mese carnelet c without the licence of the king for  the danger which may ensue if every man at his pleasure may do it and they be  call imbattlements because they be defence against battle in assault Tenellare  or tanellare be to make hold or loop in wall to shoot out against the  assailant Machecollare or machecoulare be to make a warlike device over a gate  or other passage like to a grate through which scald water or ponderous or  offensive thing may be cast upon the assailant but to return to the matter  from whence upon this occasion we be fall by the name of a town shaggy hair a  manor may pass in Domesday alodium in a large sense signify a free manor and  Alodiarii or Alodarii lord of the same and Lannemanni there signify lord of a  manor have socam sacam de to hold man n'est g and by the name of a manor  diverse town may pass quoth formerly to say fundus nunc manor to say by the  name of a farm or fearme of Firmum house land and tenement may pass and  of Firmum be derive of the Saxon word feormian to feed or relieve for in  ancient time they reserve upon their lease cattle and other victual provision  for their sustenance h note a fearme in the north part be call a tack in  Lancashire a Fermeholt in Essex a wick but the word fearme be the general word  and ancient fundus signify a fearme and sometime land I land make a knight fee  shall pass by the grant of a knight fee de to make one fee soldier k One  solinum or solinus terrae in Domesday book contain two blow land and somewhat  less than a half for there it be say Septem solini or Solina terrae are  carucate of land One hida seu carucata terrae which be all one as a blow land  videlicet as much as a plough can till fullery also signify a plowland One  made of twigs terrae a yard land the Saxon call it Girdland and now the g be  turn to a you as in some country in some in some in some c l One cry aloud  terrae a oxgange or a oxgate of land be as much as a ox can till m but  carucata terrae and cry aloud terrae be word compound and may contain meadow  pasture and wood necessary for such tillage jugum terrae in Domesday contain  half a blow land and by all these name in the reign of Richard the first land  be usual demand and long after n by the name of a grange grangia a house or  edifice not only where corn be store up like as in barn but necessary place  for husbandry also as stable for hay and horse and stable and sty for other  cattle and a curtilage and the close wherein it stand shall pass and it be a  French word and signify the same as we take it oh stagnum in English a pool do  consist of water and land and therefore by the name of stagnum or a pool the  water and land shall pass also a in the same manner gurge a deep pit of water  a gors or gulf consist of water and land and therefore by the grant thereof by  that name the soil do pass and a praecipe do lie thereof shall lie his esplees  in take of fish as bream and Roches Domesday in Domesday it be call guort gort  gors plurally as for example de gorz mille eel b so it be of a forest park  chase vivarye and warren in a man own ground by the grant of any of they not  only the privilege but the land it self pass for they be compound in the book  of Domesday that be call lewad and leuga and lewd and lewe which in Latin be  call a town in Calabria c stadium or ferlingus sive ferligum or quarentena  terrae be a furlong of land and be as much as to say a furrow long which in  ancient time be the eight part of a mile and land will pass by that name and  some hold that by that name land may be demand and de ferlingis quarentenis  you shall read diverse time in the book of Domesday Domesday and there you  shall read in island king to have One frustrum terrae unde exeunt sex  plowshare notam frustrum signify a parcel d warectum or wareccum or varectum  do signify fallow land to be thrown or cast and warectum the land lie fallow  but in truth the word be fallow ground quasi veer to make new victim seu  a working up land fallow seu rest  because alternately year  requiescat e tam  personal care novalia f by the grant of a message or house mesuagium the  orchard garden and curtilage do pass and so a acre or more may pass by the  name of a house it be derive of the French word mese g in Domesday a house in  a city or burrow be call haga other house be call there lodging to chew house  h and in a ancient plea concern feversham in ken haw be interpret to signify  lodging in Norman French it be call mesiul or mesuil buy signify a dwell buy a  habitation and byan to dwell it be to be note that in Domesday there be often  nam bordarii seu borduanni cosces coscet cotucami cotarii be all in effect  boar or husbandman or cottager save that bordarii which come of the French  word board for a cottage signify their boar hold a little house with some land  of husbandry big than a cottage and coterelli be mere cottager who cotagia  curtilagia tenent villani in Domesday often nam be not take there for bondman  but have their name de shaggy hair because they have fermes and there do work  of husbandry for the lord and they be ever nam before bordarii c and such as  be bondman be call there servi Domesday I Coleberti often also nam in Domesday  signify tenant in free socage by free rend and so it be expound of record  Radmans and Radchemisters Rad or rede signify firm and stable there also often  nam these be unconstrained to hold who to plough herciebant and senate domini  seu falcabant or to reap because their estate be firm and stable and they be  many time call Sochemans and sokemanni because of their plough service Dreuchs  signify free tenant of a manor there also nam taini or thaini of middling size  be free holder and sometime call soldier king and their land call tainland and  there it be say haec land t r e to be tainland say postea turning in Reveland  k but thainus king be take for a baron for it be say in a ancient author  Thainus king neighbor comit be ibidem of middling size thainus alibi Baro sive  thainus Berquarium or Bercaria come of Berc a old Saxon word use at this day  for bark or rind of tree and signify a Tanhouse or a heath house where bark or  rind of tree be lie to tan withal Domesday and Berquarij be mention in  Domesday it signify also and more legal a sheep coat of the French word  bergerie l by Vaccaria in law be signify a dairy house derive of cow the cow  in Latin it be lactarium or Lactitium and vaccarius be mention in Domesday and  Fleta make also mention of that has farrowed properly a swinestye the content  of a acre be know the name be common to the English germane and French in  legal Latin it be call promontory  which the latinists call an acre in  Domesday it be call arpen prati sylvae c r I inter fine promontory  in  Cornwall to hold together perticatas in longitude in latitude who  furnished with de foot in longitude m by the grant of a selion of land selio  terrae a ridge of land which contain no certainty for some be great and some  be lesser and by the grante de One pig a ridge do pass selio be derive of the  French word Sellon for a ridge n by the grant de centum to poise terrae or  to poise terrae or centum to make firm terrae c land of that valve pass and so  of more or less and in ancient time by that name it may have be demand oh and  many thing may pass by a name that by the same name can be demand by a  praecipe for that do require more prescript from but whatsoever may be demand  by a praecipe may pass by the same name by way of grant p Frythe be a plain  between wood and so be lawnd or land comb hope dene glyne hawgh howgh signify  a valley how ho knol law peu and cope a hill they Ing and worth signify a  watery place or water Falesia be a bank or hill by the seaside it come of  falaize which signify the same of all these you shall read in ancient book  charter deed and record and to the end that our student shall not be  discourage for want of knowledge when he meet with they not know  for  of noble birth man ignorance patience we have arm he with the signification of  they to the end he may proceed in his read with alacrity and set upon and know  how to work into with delight these rough i of hide treasure m by the name of  Minera or a pit lead c the land itself shall pass in a grant if it livery be  make and also be recover in a assize such de like by the grant of a foul  course or the like land and tenement may pass n property tenement be a large  word to pass not only land and other inheritance which be hold but also office  rend commons profit apprender out of land and the like wherein a man have any  franktenement and whereof he be seize ut de book property but haereditamentum  hereditament be the large word of all in that kind for whatsoever may be  inherit be a hereditament be it corporeal or incorporeal real or personal or  mix oh a man seize of land in fee have diverse charter deed evidence or make a  feoff in fee either without warranty or with warrantieonely against he and his  heir the purchaser shall have all the charter deed and evidence as incident to  the land ration terrae to the end he may the better defend the land himself  have no warranty to recover in valve for the evidence be as it be the sinew of  the land and the feoff be not bind to warranty have no use of they but if the  feoff be bind to warranty so that he be bind to render in valve then the  defence of the title at his peril and therefore the feoff in that case shall  have no deed that comprehend warranty whereof the feoff may take advantage  also he shall have such charter as may serve he to deraigne the warranty  paramount also he shall have all deed and evidence which be material for the  maintenance of the title of the land but other evidence which concern the  possession and not the title of the land the feoff shall have they to have and  to hold these two word do in this place prove a double signification videlicet  a air to have a estate of inheritance of land descendible to his heir and  tener to hold the same of some superior land there have be eight formal or  orderly part of a deed of feoff videlicet the premise of the deed imply by  Littleton the habendum whereof Littl here speak the tenendum mention Littleton  the reddendum the clause of warranty the in pron. interrog. rei testimonium  comprehend the seal the date of the deed contain the day the month the year  and style of the king or of the year of our lord p last the clause of haec  witness and yet all these part be contain in very few and significant word Q  haec to be candida that lifetime fides et simplicity who very few string all  trust support to put down the office of the premise of the deed be twofold  first right to name the feoff and the feoff and second to comprehend the  certainty of the land or tenement to be convey by the feoff either by express  word or which may by reference be reduce to a certainty for  that which is fixed be quoth that which is fixed  To give back to be able the  habendum have also two part videlicet first to name again the feoff and second  to limit the certainty of the estate the tenendum at this day where the  feesimple pass must be of the chief lord of the fee and of the reddendum more  shall be say in his proper place in the chapter of rend of the clause of  warranty more shall be say in the chapter of warranties in pron. interrog. rei  testimonium sigillum meum to apply lead to be add for the seal be of the  essential part of the deed the date of the deed many time antiquity omit and  the reason thereof be for that the limitation of prescription or time of  memory do often in process of time change and the law be then hold that a deed  bear date before the limit time of prescription be not pleadable and therefore  they make their deed without date to the end they may allege they within the  time of prescription and the date of the deed be common add in the reiqne of  Henry the second and Edward the three and so ever since and sometime antiquity  add a place as datum at d which be in disadvantage of the feoff for be in  general he may allege the deed to be make where he will and last antiquity do  add haec witness in the continent of the deed after the in pron. interrog. rei  testimonium write with the same hand that the deed be which witness be call  the deed read and then their name enter r and this be call charter land and  accord the Saxon call it bockland as it be bookeland which clause of haec  witness in subject deed continue until and in the reign of Henry the eight but  now be whole omit and it appear by the ancient author and authority of the law  that before the statute of Edward can process shall be a market against the  witness nam in the deed testes in papyrus  naming S and that the same statute  be but a affirmance of the commonlaw which not be well understand have cause  variety of opinion in our book but the delay therein be so great and some time  though rare by exception against those witness which be find true they be not  to be swear at all neither to be join to the jury nor as witness t as if the  witness be infamous for example if he attaint of a false verdict or of a  conspiracy at the suit of the king or convict of perjury or of a praemunire or  of forgery upon the statute of Elizabeth cap and not upon the Statue of Henry  cap or convict of felony or by judgement lose his care or stand upon the  pillory or tumbrel or be stigmaticus brand or the like whereby they become  infamous for some offence quaesuntminoris culpae are majoris disgrace c if a  champion in a Writ of right become recreant or coward he thereby lose  Proserpine law and thereby become infamous and can be a witness for regular he  that lose Proserpine law become infamous and can be no witness or if the  witness be a infidel or of non sane memory or not of discretion or a party  interest or the like d but often time a man may be challenge to be of a jury  that can be challenge to be a witness and therefore though the witness be of  the near alliance or kindred or of counsel or tenant or servant to either  party or any other exception that make he not infamous or to want  understanding or discretion or a party in interest though it be prove true  shall not exclude the witness to be swear e but he shall be swear and his  credit upon the exception take against he leave to those of the jury who be  triers of the fact insomuch as some book have say that though the witness nam  in the deed be nam a seize in the writ yet he shall be swear as a witness to  the deed f a witness among other nam in a deed be outlaw and no process be  award against he by the statute because he be extra law and a outlaw person  can be a auditor and the court in some book have say that they have not see  witness challenge which be regular to be understand with the limitation above  say but such as be return to be of a jury be to be challenge for the cause  aforesaid for outlawry and diverse other cause for the which a witness can be  challenge and such process against witness banish but see the witness nam in a  deed shall be join to the inquest and shall in some sort join also in the  verdict in which case if jury and witness find the deed that be deny to be the  deed of the party the adverse party be bar of his attaint because there be  more than twelve that affirm the verdict it be reason that in that case of  join such exception shall be take against the witness as against one of the  jury because he be in the nature of a juror a and therefore to put one example  if he be outlaw in a personal action he can be join to the jury but yet that  be no exception against he to exclude he to be swear as a witness to the jury  and the reason of all this be for that if he with other shall join in verdict  with the jury in affirmance of the deed the party shall be bar of his attaint  but note there must be more than one witness that shall be join to the inquest  and albeit they join with the jury and find it not his deed notwithstanding  this join the party shall have his attaint for it be amaxime in law b that  witness can testify a negative but a affirmative and if one of the witness nam  in the deed be one of the panel he shall be put out of the panel and all these  secret of law do notable appear in our book to shut up this point it be to be  know c that when a trial be by witness regular the affrimative ought to be  prove by two or three witness as to prove a summons of the tenant or the  challenge of a juror and the like but when the trial be by verdict of man  there the judgement be not give upon witness or other kind of evidence but  upon the verdict and upon such evidence as be give to the jury they give their  verdict and Bracton say there be test duplex videlicet viva as by witness viva  voice and corpse as by deed write and instrument and many time jury together  with other matter be much induce by presumption whereof there be three sort  videlicet violent probable and light or rash forcible presumption be many time  full test as if one be run through the body with a sword in a house whereof he  instant die and a man be see to come out of that house with a bloody sword and  no other man be at that time in the house presumption worthy of approval move  little but presumption levis seu rash move not at all so it be in the case of  a charter of feoff if all the witness to the deed be dead as no man can keep  his witness alive time wear out all man then violent presumption which stand  for a proof be continual and quiet possession for ex long duration time all  to take before solemnly be acta also the deed may receive credit per  comparison small statues writing c super faith cartar corpse witness to be and  native land de necessitate to run note it have be resolve by the justice that  a wife can be produce either against or for her husband because are two mind  in meat One and it may be a cause of implacable discord and dissension between  the husband and the wife and a mean of great inconvenience but d in some case  woman be by law whole exclude to bear testimony as to prove a man to be a  villeine woman and test status man  to send to non to withhold it be also  agree by the whole court e that in a information upon the statute of usury the  party to the usurious contract shall not be admit to be a witness against the  usurer for in effect he shall be testis in not common with others cause and  shall avoid his own bind and assurance and discharge himself of the money  borrow and though he common raise up a Intormer to exhibit the information yet  in rei in point of fact he be the party and herewith in effect agree Brit tun  that be that challenge a right in the thing in demand can be a witness for  that he be a party in interest but now let we return to that from the which by  way of digression upon this occasion we be fall and the ancient charter of the  king which pass away any franchise or revenue of any estate of inheritance  have ever this clause of haec witness of the great man of the kingdom as the  charter of creation of nobility yet have at this day when haec witness be omit  and when testae I Self come in into the king grant you shall read in the  second part of the institute magnacarta cap I have term the say part of the  deed formal or orderly part for that they be not of the essence of a deed of  feoff for if such a deed be without premise habendum tenendum reddendum clause  of warranty the clause of in pron. interrog. rei testimonium the date and the  clause of haec witness yet the deed be good f for if a man by deed give land  to another and to his heir without more say this be good if he put his seal to  the deed deliver it and make livery accord g so it be if a give land to have  and to hold to b and his heir this be good albeit the feoff be not nam in the  promise and yet no well advice man will trust to such deed which law by  construction make good ut res to greater extent to be strong but when from and  substance concur then be the deed fair and absolute good the seal of charter  and deed be much more ancient than some out of error have imagine for the  charter of the king Edwyn brother of king Edgar bear date year  domini make of  the land call Jecklea in the isle of Ely be not only seal with his own seal  which appear by these word ego eduvinus agreeableness God all Britannicae  earth king meum gift to appropriate seal confirmaui but also the bishop of  Winchester put to his seal ego Aelfwinus Winton church prophet speculator  proprium sigillum unpressed and the charter of king offa whereby he give the  peterpence do yet remain under seal but no king of England before or since the  Conquest seal with any seal of arm before king Richard the first but the seal  be the king sit in a chair on the one side of the seal and on horse back on  the other side in diverse from and king Richard the first seal with a seal of  two lion for the conqueror for England bear two lion and king John in the  right of Aquitaine the duke whereof bear one lion be the first that bear three  lion and make his seal accord and all the king since have follow he and king  Edward the three in year  of his reign do quarter the arm of France with his  three lion and take upon he the title of king of France and all his successor  have follow he therein in ancient charter of feoff there be never mention make  of the delivery of the deed or any livery of seize endorse for certain the  witness nam in the deed be witness of both and witness either of delivery of  the deed or of livery of seize by express term be but of latter time and the  reason be in respect of the notoriety of the feoff and I have know some  ancient deed of feoff have livery of seize endorse suspect and after detect of  forgery as if a deed in the style of the king name he Defensor trust before  Henry the eight or Supreme head before Henry the eight at what time he be  first acknowledge supreme head by the clergy albeit the king use not the style  of Supreme head in his charter c till Henry the eight or king of Ireland  before Henry the eight at which time he assume the title of the king of  Ireland be before that call lord of Ireland it be certain forge such de like  and some have observe that grace be attribute to king Henry the four excellent  grace to king Henry the six majesty to king Henry the eight and before the  king be call sovereign lord liege lord highness and kingly highness which in  Latin in legal proceed be call regius height as the beginning of the petition  of right to the king be abjectly supplicavit your Celsitudini palace c and the  like and upon this occasson it shall not be impertinent see it be part of the  formal deed to set down the several style of the king of England since the  Conquest William the conqueror common style himself William king and sometime  William king the Angli and the like do William Rufus and sometime William God  agreeableness king the Angli Henry the first Henry king the Angli and sometime  Henry God agreeableness king the Angli Mawde the sole daughter and heir of  Henry the first write Matildis she who commands Henry king son the Angli owner  diverse of who creation and grant I have see king Stephen use the style that  king Henry the first do Henry the second Fitzherbert Emprice omit God  agreeableness and use this style Henry king England Dux normanniae Aquitaine  come Andegaviae he have the duchy of Aquitaine and earldom of Poitiers in the  right of Elinor his wife heir to both and the earldom of Anjow tourney and  main as son and heir to Jeffery Plantagenet by the say Mawde his wife daughter  and sole heir of king Henry the first she be first marry to Henry the emperor  and after his death to the say Jeffery Plantagenet which duchy of Aquitaine do  include Gascoinge and Guian king Richard the first use the style that Henry  the second his father do yet be he king of Cyprus and after of Jerusalem but  never use either of they king John use that style but with this addition  dominus Scotland and yet all that he have in Ireland be conquer by his father  king Henry the second which title of dominus Scotland he assume as annex to  the crown albeit his father in the year of his reign have create he king of  Ireland in his life time king Henry the three style himself as his father king  John do until the year of his reign and then he leave out of his style Dux  normanniae come Andegaviae and write only king England dominus Scotland Dux  Aquitaine king Edward the first style himself in like manner as king Henry the  three his father do king England dominus Scotland Dux Aquitaine and so do king  Edward the second during all his reign and king Edward the three use the self  same style until the year of his reign and then he style himself in this from  Edward God agreeableness king England France dominus Scotland leave out of his  style Dux Aquitaine he be king of France as son and heir of Isabel wife of  king Edward the second daughter and heir of Philip Le beau king of France he  first quarter the French armoury with the English in his great seal year   domini royal power Himself king Richard the second and king Henry the four use  the same style that king Edward the three do and king Henry the five until the  year of his reign continue the same style and then write himself king England  haeres Regens France dominus Scotland and so continue during his life king  Henry the six write Henry God agreeableness king England et France dominus  Scotland this king be crown in parish king of France use the say style year  till he be dispossess of the crown by king Edward the four who after he have  reign also about ten year king Henry the six be restore to the crown again and  then write Henry God agreeableness king England France dominus Scotland ab  inchoatione royal power Himself A receiving palace power primo king Edward the  four Richard the three and Henry the seven style themselves king England  France dominus Scotland king Henry the eight use the same style till the ten  year of his reign and then he add this word the eighth as Henry the eighth God  agreeableness c in the year of his reign he add to his style Fidei Defensor in  the year of his reign in the end of his style he add supremum caput church  England and in the year of his reign he style himself thus Henry the eighth  God agreeableness England France Scotland king Fidei Defensor c in land church  England Scotland supremum caput king Edward the six use the same style and so  do queen marry in the beginning of her reign and by that name summon her first  parliament but soon after omit supremum caput and after her marriage with king  Philip the style not withstand that omission be the long that ever be  videlicet Philip and marry by the grace of God king and queen of England and  France Naples Jerusalem and Ireland defender of the faith prince of Spain and  Sicily archduke of Austria duke of Milan Burgundy and Brabant counter of  Hasburgh Flanders and Tyroll and this style continue till the four and five  year of king Philip and queen marry and then Naples be put out and in place  thereof both the Cicilies put in and so it continue all the life of queen  marry I needs not mention the style of queen Elizabeth king James nor of our  sovereign lord king Charles because they be so well know and I fear I have be  too long concern this point which certainlyis notunnecessarie to be know for  many respect but to show the cause and reason of these alteration will ask a  treatise of itself and do not sort to the end that I have aim at and now let  we return to the learning of charter and deed of feoff and grant very  necessary it be that witness shall be underwritten or endorse for the better  strengthen of deed and their name if they can write write with their own hand  for livery of seize see hereafter sect and for deed sect and of conditional  deed see our author in his chapter of condition and now let we proceed to the  other word of our author