to the remainder-man himſelf, by conſent of the leſſee for years: for without his conſent no livery of the poſſeſſion can be given[1]; partly becauſe ſuch forcible livery would be an ejectment of the tenant from his term, and partly for the reaſons before given[2] for introducing the doctrine of attornments.
Livery of ſeiſin is either in deed, or in law. Livery in deed is thus performed. The feoffor, leſſor, or his attorney, together with the feoffee, leſſee, or his attorney, (for this may as effectually be done by deputy or attorney, as by the principals themſelves in perſon) come to the land, or to the houſe; and there, in the preſence of witneſſes, declare the contents of the feoffment or leaſe, on which livery is to be made. And then the feoffor, if it be of land, doth deliver to the feoffee, all other perſons being out of the ground, a clod or turf, or a twig or bough there growing, with words to this effect. "I deliver theſe to you in the name of ſeiſin of all the lands and tenements contained in this deed." But, if it be of a houſe, the feoffor muſt take the ring, or latch of the door, the houſe being quite empty, and deliver it to the feoffee in the ſame form; and then the feoffee muſt enter alone, and ſhut to the door, and then open it, and let in the others[3]. If the conveyance or feoffment be of divers lands, lying ſcattered in one and the ſame county, then in the feoffor's poſſeſſion, livery of ſeiſin of any parcel, in the name of the reſt, ſufficeth for all[4]; but, if they be in ſeveral counties, there muſt be as many liveries as there are counties. For, if the title to theſe lands comes to be diſputed, there muſt be as many trials as there are counties, and the jury of one county are no judges of the notoriety of a fact in another. Beſides, antiently this ſeiſin was obliged to be delivered coram paribus de vicineto, before the peers or freeholders of the neighbourhood, who atteſted ſuch delivery in the body or on the back of the deed; according to the rule of the feodal law[5], pares debent intereſſe inveſtiturae feudi, et non alii: for which
