Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/322

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306
The Rights
Book II.

illiterate nation, at their firſt ſettlement in France, uſed the practice of ſealing only, without writing their names: which cuſtom continued, when learning made it's way among them, though the reaſon for doing it had ceaſed; and hence the charter of Edward the confeſſſor to Weſtminſter abbey, himſelf being brought up in Normandy, was witneſſed only by his ſeal, and is generally thought to be the oldeſt ſealed charter of any authenticity in England[1]. At the conqueſt, the Norman lords brought over into this kingdom their own faſhions; and introduced waxen ſeals only, inſtead of the Engliſh method of writing their names, and ſigning with the ſign of the croſs[2]. The impreſſions of theſe ſeals were ſometimes a knight on horſeback, ſometimes other deviſes: but coats of arms were not introduced into ſeals, nor indeed into any other uſe, till about the reign of Richard the firſt, who brought them from the croiſade in the holy land; where they were firſt invented and painted on the ſhields of the knights, to diſtinguiſh the variety of perſons of every chriſtian nation who reſorted thither, and who could not, when clad in complete ſteel, be otherwiſe known or aſcertained.

This neglect of ſigning, and reſting only upon the authenticity of ſeals, remained very long among us; for it was held in all our books that ſealing alone was ſufficient to authenticate a deed: and ſo the common form of atteſting deeds, — "ſealed and delivered," continues to this day; notwithſtanding the ſtatute 29 Car. II. c. 3. before-mentioned revives the Saxon cuſtom, and expreſſly directs the ſigning, in all grants of lands, and many other ſpecies of deeds, in which therefore ſigning ſeems to be now as neceſſary as ſealing, though it hath been ſometimes held, that the one includes the other[3].

A seventh requiſite to a good deed is that it be delivered, by the party himſelf or his certain attorney: which therefore is

  1. Lamb. Archeion. 51.
  2. "Normanni chirographorum confectionem, cum crucibus aureis, aliiſque ſignaculis ſacris, in Anglia firmari ſolitam, in caeram impreſſam mutant, modumque ſcribendi Anglicum rejiciunt." Ingulph.
  3. 3 Lev. 1. Stra. 764.
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