caſe of a diſpute being ſtill reſerved to the pares; with whom the witneſſes (if more than one) were aſſociated, and joined in the verdict[1]: till that alſo was abrogated by the ſtatute of York, 12 Edw. II. ſt. 1. c. 2. And in this manner, with ſome ſuch clauſe of hijs teſtibus, are all old deeds and charters, particularly magna carta, witneſſed. And, in the time of ſir Edward Coke, creations of nobility were ſtill witneſſed in the ſame manner[2]. But in the king's common charters, writs, or letters patent, the ſtile is now altered: for, at preſent, the king is his own witneſs, and atteſts his letters patent thus; "teſte meipſo, witneſs ourſelf at Weſtminfter, &c:" a form which was introduced by Richard the firſt[3], but not commonly uſed till about the beginning of the fifteenth century; nor the clauſe of hijs teſtibus intirely diſcontinued till the reign of Henry the eighth[4]: which was alſo the aera of diſcontinuing it in the deeds of ſubjects, learning being then revived, and the faculty of writing more general: and therefore ever ſince that time the witneſſes have ſubſcribed their atteſtation, either at the bottom, or on the back, of the deed[5].
III. We are next to conſider, how a deed may be avoided, or rendered of no effect. And from what has been before laid down it will follow, that if a deed wants any of the eſſential requiſites before-mentioned; either, 1. Proper parties, and a proper ſubject matter: 2. A good and ſufficient conſideration: 3. Writing, on paper or parchment, duly ſtamped: 4. Sufficient and legal words, properly diſpoſed: 5. Reading, if deſired, before the execution: 6. Sealing; and, by the ſtatute, in many caſes ſigning alſo: or, 7. Delivery : it is a void deed ab initio. It may alſo be avoided by matter ex poſt facto: as, 1. By raſure, interlining, or other alteration in any material part; unleſs a memorandum be made thereof at the time of the execution and atteſtation[6]. 2. By breaking off, or defacing, the ſeal[7]. 3. By
