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Section 372 Conditional Estates, part 47 - Sir Edward Coke, Selected Writings of Sir Edward Coke, vol. II [1606]

Edition used:

The Selected Writings and Speeches of Sir Edward Coke, ed. Steve Sheppard (Indianapolis: Liberty Fund, 2003). Vol. 2.

Part of: Selected Writings of Sir Edward Coke, 3 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


Section 372
Conditional Estates, part 47

| The making of an Indenture in the first person is, as in this forme. To all Christian people to whom these presents indented shall come, A. of B. sends greeting in our Lord God everlasting. Know yee me to have given, granted, and by this my present Deed indented, confirmed to C. of D. such land, &c. Or thus: Know all men present and to come, that I A. of B. have given, granted, and by this my present Deed indented, confirmed to C. of D. such land, &c. To have and to hold, &c. upon Condition following, &c. In witnesse whereof, as well I the said A. of B. as the aforesaid C. of D. to these Indentures have interchangeably put our Seales. Or thus: In witnesse whereof I the aforesaid A. to the one part of this Indenture have put my Seale, and to the other part of the same Indenture, the said C. of D. hath put his Seale, &c.

Here Littleton sets downe three formes of deeds indented in the first person, Brevis via per exempla, longa per praecepta.1 It is requisite for every Student to get Precidents and approved formes, not onely of deeds according to the example of Littleton,2 but of Fines, and other Conveyances, and Assurances, and especially of good and perfect pleading, and of the right entries, and formes of Judgements, which will stand him in great stead, both while he studies, and after when he shall give counsell. It is safe thing to follow approved precidents, for Nihil simul inventum est, & perfectum.3

[1. ][Ed.: [Learning] by rules is long, but by examples short.]

[2. ]Vide Sect. 371.

[3. ][Ed.: Nothing is invented and perfected at the same moment.]