The conſideration may be either a good, or a valuable one. A good conſideration is ſuch as that of blood, or of natural love and affection, when a man grants an eſtate to a near relation; being founded in motives of generoſity, prudence, and natural duty: a valuable conſideration is ſuch as money, marriage, or the like, which the law eſteems an equivalent given for the grant[1]; and is therefore founded in motives of juſtice. Deeds, made upon good conſideration only, are conſidered as merely voluntary, and are frequently ſet aſide in favour of creditors, and bona fide purchaſors.
Thirdly; the deed muſt be written, or I preſume printed; for it may be in any character or any language; but it muſt be upon paper, or parchment. For if it be written on ſtone, board, linen, leather, or the like, it is no deed[2]. Wood or ſtone may be more durable, and linen leſs liable to raſures; but writing on paper or parchment unites in itſelf, more perfectly than any other way, both thoſe deſirable qualities: for there is nothing elſe ſo durable, and at the ſame time ſo little liable to alteration; nothing ſo ſecure from alteration, that is at the ſame time ſo durable. It muſt alſo have the regular ſtamps, impoſed on it by the ſeveral ſtatutes for the increaſe of the public revenue; elſe it cannot be given in evidence. Formerly many conveyances were made by parol, or word of mouth only, without writing; but this giving a handle to a variety of frauds, the ſtatute 29 Car. II. c. 3. enacts, that no leaſe or eſtate in lands, tenements, or hereditaments, (except leaſes, not exceeding three years from the making, and whereon the reſerved rent is at leaſt two thirds of the real value) ſhall be looked upon as of greater force than a leaſe or eſtate at will; unleſs put in writing, and ſigned by the party granting, or his agent lawfully authorized in writing.
Fourthly; the matter written muſt be legally and orderly ſet forth: that is, there muſt be words ſufficient to ſpecify the agreement and bind the parties: which ſufficiency muſt be left to
