coke b THOROUGHGOODS case hill James in the court of ware the actual delivery  of a write seal to the party be a good delivery without any word a seal  instrument can be a escrow by delivery to the intend obligee as a write may  take effect by actual delivery to the party without any word so it may take  effect by word without actual delivery the delivery of a deed charter of feoff  upon the land be not a livery the delivery of a charter of feoff upon the land  in the name of seize of the land be at one and the same instant a delivery of  the deed and a livery of seize it be find by office in the county of Cambridge  Jan year Elizabeth by force of a writ of they to shut extremum after the death  of Robert Thoroughgood that he be seize in fee of a house c and diverse land  and tenement in Tadlowe in the county aforesaid and that the say house c be  hold of the king in chief by knight service and he be thereof so seize fecit  sigillavit in speech messuagio a certain scribe indentatum in hc word to all  Christian people c Robert Thoroughgood send greeting c know the that I the say  Robert for diverse good cause c have give grant and feoff and by these present  do give grant feoff and confirm to Henry Hutton and Edward Eliot all that my  capital message c land and tenement c habendum unto the say Henry Hutton and  Edward Eliot and their heir c that Julii year Elizabeth et beyond to say quod  prd Robert to be thrown or cast in limit to weigh well in prd messuagio prd  Julii scribe prd Q   light a b Doct pl raym Plowd b Ant b a   light b b touch  Com dig faits a vin ab fait ante   a note h coke report a er p indentatum  prfatis Henry Hutton Edivardo Eliot proetin nomin seize prd messuagii all  residuor the earth property not said scribe messuagii indentato he who  disregards and further find the other point of the writ and upon this case two  question be move if in this case the jury have find a sufficient delivery of  the indenture to make it a deed in law if this delivery of the indenture in  the house in the name of seize of the house and of the residue of the land and  tenement aforesaid be a sufficient livery of seize in law or not as to the  first it be resolve that the actual a delivery of a write seal to the party  without any word coke a be a good delivery for in giving up writer non quod  dictum be send quod movement of the limbs be examine but here be say I deliver  this write to you which clear be sufficient although he do not say as b his  deed or as his act and therefore if a make a write to b and seal it and  deliver it to b as a escrow to take effect as his deed when certain condition  be perform it have be adjudge to be immediate his deed for the law respect the  delivery to the party himself and reject the word which will make the express  delivery to the party upon the matter no delivery and therefore in mich h rot  c in banc whether quilter late wife of John quilter and other executor of the  will of the say John quilter bring a action of debt against Edward Cobham on a  bind c the defendant plead that he deliver the bind to the testator as a  schedule upon condition if the plaintiff make indenture between the defendant  ex One part prfat testator ex alteran part de that which is fixed conditionib  convent agreement inter ease part adtunc concord c pro adnuliatione prd scribe  obligate c ante holiday mich Archang deliberand quod extunc prd scribe  obligator in in all respects his oak to stand sin aliter vacuan foret et id  defendens to say quod pace known on good evidence non fecit aliquan indent c  such id defendens to say quod script prd in form prd deliberate speech indent  inter ease part too little with her litter non be factum suum et hoc c  judgement if action and thereupon the plaintiff demurrer in law and it be  resolve that the say delivery be good in law although the condition be not  perform and the plaintiff have judgement to recover and d Tr h rot in banc  between t Bodenham Esq plaintiff and Edward Mermion clerk defendant in debt on  a bind the like plea plead and a demurrer upon it and judgement give for the  plaintiff which judgement upon search which I command to be make I have see  and therewith agree the report of h a a and take the difference when it be so  deliver to the party himself and when to a stranger as it be there agree ass p  b a write may take effect by actual delivery to the party himself without any  word and as a write may take effect by actual delivery without word so it may  take effect by word without actual delivery as if a write be seal and it lie  in a window or upon a c table and the obligor say to the obligee see there be  the write take it as my deed and he take it accord it be a good delivery in  law Aa in the same manner as if one d make a charter of feoff and within the  view of his land say to another see you the land enter into it and enjoy it  accord to the form and effect of this charter and the feoff enter it amount to  a good livery of seize of the land and if word in such case shall amount to a  livery of seize by which a freehold shall pass a strong a roll   light a b Cr  Elizabeth Dall b Dall roll roll c roll d roll a roll e b b   light b a roll Cr  Elizabeth Dall c Cr Elizabeth roll a but if a man throw a write on a table and  say nothing and the party take it this do not amount to a delivery unless it  be find to have be put there with intent to be deliver to the party Stanton v  chamberlain Owen SC Leon if a patron draw a presentation in write and put his  seal to it and leaves it in his study and the party for who it be intend get  it without the privity or licence of the patron and bring it to the bishop and  be thereupon institute and induct yet it be all void and no presentation at  all Grendit v baker Yelv d roll   light b palm coke report b er p word shall  amount to a delivery of a deed coke b wherefore it be conclude a strong in the  case at bar when Robert Thoroughgood deliver the write to the party say here I  deliver you this e write it be a good delivery thereof to take effect as a  deed vide ass e assize e e h h vide h if the obligor deliver the bind to the  obligee to redeliver to he the obligee may detain the bind for ever and these  word to redeliver to he be void vide h f dyer Trin Elizabeth between g  Hawkston and catcher in b r where some opinion ex improviso be conceive that  the obligor may deliver a bind as a escrow to the obligee but believe you the  say judgement give upon demurrer in law in the point wherefore as to the first  point it be clear resolve that the say write seal take effect as a deed by the  delivery aforesaid b as to the second point first it be clear resolve that the  delivery h of the deed upon the land do not amount to a livery for it have  another effect know to take effect as a deed as it be resolve in sharp case  year Elizabeth in Com banc report by I in the six part of my report f and  there it be well agree that to every livery of seize there be requisite either  a act which the law adjudge livery or apt word which amount to it and there  the case of e feoff a faits be cite which be to this effect in assize the  recognitors find a special verdict see that the plaintiff be seize of land in  fee and the tenant draw and engross a charter of feoff of the land in view c  in the name of the plaintiff to the tenant himself and his heir and the tenant  deliver the charter to the plaintiff and pray he to deliver seize in the same  land and the plaintiff will not deliver seize but he deliver back the charter  to the tenant upon the land and the tenant keep himself in and if the delivery  of the charter upon the land be a sufficient livery of seize be the question  and there Kirton justice say if the plaintiff have speak in this mariner when  he deliver the charter to the tenant sir I deliver to you this charter in the  name of seize of all the land and tenement contain in the charter it have be a  good delivery of seize but so he do not do in this case wherefore the court  award that the plaintiff shall recover seize and it be resolve that although  most proper livery of seize be make by delivery of a twig or b turf of the  land itself whereof livery of seize be to be give and so it be good to be  observe yet a delivery of a turf or twig grow upon other land of a piece of  gold or silver or other thing upon the land in the name of seize be sufficient  for the turf or twig which grow upon the land when it be sever be not parcel  of the land and when the feoff be upon the land his word without any act be  sufficient to make livery of seize as if he say I deliver seize of this land  to you in the name of all the land contain in this deed or enter you into this  land and take seize coke a of it in the name of all the land contain in this  deed or such other word without any ceremony or act do and that be the reason  that the delivery of any thing upon the land in the name of seize be  sufficient because his word alone without any thing be sufficient for if word  alone out of the land which be within the view be sufficient in law a strong  when they be speak upon the land itself and yet it be not wise do to omit  usual ceremony and act in such case for they imprint a better remembrance e  roll e f die pl roll g roll b Acc Whyddons case cro Elizabeth SC Noy William v  green cro Elizabeth SC more Holford v Parker hob port v Hidleton style bushel  v Pasmore Mod touch   Litt a wear down Wilcock v Hewson more per Popham  ferrier and gawdy Noy in blunden v wood cro James the court be of opinion that  it be not a good plea in debt upon bind that the obligation be deliver to the  party himself as a escrow but they hold that issue have be take upon that fact  and find for the defendant the judgement thereupon can not be reverse by writ  of error h more   light a b a Owen   b Cr James a palmer   b b   light a   a  Poph Perk a coke report b er p of the thing which be do because they be  subject to sight than word alone which be only hear and which easy and usual  slip out of memory wherefore it be resolve that the delivery of be deed upon  the land in the name of seize be sufficient in law and the say case of sharp  be affirm for good law in this case it be resolve that this delivery of the  write amount to two several act at one and the same instant videlicet to  deliver the write as a deed and to deliver seize of the land accord to the  deed