this reaſon is expreſſly given; becauſe the peers or vaſals of the lord, being bound by their oath of fealty, will take care that no fraud be committed to his prejudice, which ſtrangers might be apt to connive at. And though, afterwards, the ocular atteſtation of the pares was held unneceſſary, and livery might be made before any credible witneſſes, yet the trial, in caſe it was diſputed, (like that of all other atteſtations[1]) was ſtill reſerved to the pares or jury of the county[2]. Alſo, if the lands be out on leaſe, though all lie in the ſame county, there muſt be as many liveries as there are tenants: becauſe no livery can be made in this caſe, but by the conſent of the particular tenant; and the conſent of one will not bind the reſt[3]. And in all theſe caſes it is prudent, and uſual, to endorſe the livery of ſeiſin on the back of the deed, ſpecifying the manner, place, and time of making it; together with the names of the witneſſes[4]. And thus much for livery in deed.
Livery in law is where the ſame is not made on the land, but in ſight of it only; the feoffor ſaying to the feoffee, "I give you yonder land, enter and take poſſeſſion." Here, if the feoffee enters during the life of the feoffor, it is a good livery, but not otherwiſe; unleſs he dares not enter, through fear of his life or bodily harm: and then his continual claim, made yearly, in due form of law, as near as poſſible to the lands[5], will ſuffice without an entry[6]. This livery in law cannot however be given or received by attorney, but only by the parties themſelves[7].
2. The conveyance by gift, donatio, is properly applied to the creation of an eſtate-tail, as feoffment is to that of an eſtate in fee, and leaſe to that of an eſtate for life or years. It differs in nothing from a feoffment, but in the nature of the eſtate paſſing by it: for the operative words of conveyance in this caſe are do or dedi[8]; and gifts in tail are equally imperfect without livery
