life; unleſs the feoffor, by expreſs proviſion in the creation and conſtitution of the eſtate, hath given it a longer continuance. Theſe expreſs proviſions are indeed generally made; for this was for ages the only conveyance, whereby our anceſtors were wont to create an eſtate in fee-ſimple[1], by giving the land to the feoffee, to hold to him and his heirs for ever; though it ſerves equally well to convey any other eſtate of freehold[2].
But by the mere words of the deed the feoffment is by no means perfected. There remains a very material ceremony to be performed, called livery of ſeiſin; without which the feoffee has but a mere eſtate at will[3]. This livery of ſeiſin is no other than the pure feodal inveſtiture, or delivery of corporal poſſeſſion of the land or tenement; which was held abſolutely neceſſary to complete the donation. "Nam feudum ſine inveſtitura nullo modo conſtitui potuit[4]:" and an eſtate was then only perfect, when, as Fleta expreſſes it in our law, "fit juris et ſeiſinae conjunctio[5]."
Investitures, in their original riſe, were probably intended to demonſtrate in conquered countries the actual poſſeſſion of the lord; and that he did not grant a bare litigious right, which the ſoldier was ill qualified to proſecute, but a peaceable and firm poſſeſſion. And, at a time when writing was ſeldom practiſed, a mere oral gift, at a diſtance from the ſpot that was given, was not likely to be either long or accurately retained in the memory of by-ſtanders, who were very little intereſted in the grant. Afterwards they were retained as a public and notorious act, that the country might take notice of and teſtify the transfer of the eſtate; and that ſuch as claimed title by other means might know againſt whom to bring their actions.
In all well-governed nations, ſome notoriety of this kind has been ever held requiſite, in order to acquire and aſcertain the
