unlimited dominion. Written deeds were therefore introduced, in order to ſpecify and perpetuate the peculiar purpoſes of the party who conveyed: yet ſtill, for a very long ſeries of years, they were never made uſe of, but in company with the more antient and notorious method of transfer, by delivery of corporal poſſeſſion.
Livery of ſeiſin, by the common law, is neceſſary to be made upon every grant of an eſtate of freehold in hereditaments corporeal, whether of inheritance or for life only. In hereditaments incorporeal it is impoſſible to be made; for they are not the object of the ſenſes: and in leaſes for years, or other chattel intereſts, it is not neceſſary. In leaſes for years indeed an actual entry is neceſſary, to veſt the eſtate in the leſſee: for the bare leaſe gives him only a right to enter, which is called his intereſt in the term, or intereſſe termini; and, when he enters in purſuance of that right, he is then and not before in poſſeſſion of his term, and complete tenant for years[1]. This entry by the tenant himſelf ſerves the purpoſe of notoriety, as well as livery of ſeiſin from the grantor could have done; which it would have been improper to have given in this caſe, becauſe that ſolemnity is appropriated to the conveyance of a freehold. And this is one reaſon why freeholds cannot be made to commence in futuro, becauſe they cannot be made but by livery of ſeiſin; which livery, being an actual manual tradition of the land, muſt take effect in praeſenti, or not at all[2].
On the creation of a freehold remainder, at one and the ſame time with a particular eſtate for years, we have before ſeen that at the common law livery muſt be made to the particular tenant[3]. But if ſuch a remainder be created afterwards, expectant on a leaſe for years now in being, the livery muſt not be made to the leſſee for years, for then it operates nothing; "nam quod ſemel meum eſt, amplius meum eſſe non poteſt[4]:" but it muſt be made
