Livery of seisin
Encyclopedia
Livery of seisin is an archaic legal conveyancing
ceremony, formerly practiced in feudal England
and in other countries following English common law
, used to convey
holdings in property
. The term "livery" is related, if not synonymous with, the word "delivery" as used in modern contract law. The common law in those jurisdictions once provided that a valid conveyance of a feudal tenure
in land required the physical transfer by the transferor to the transferee, in the presence of witnesses, of a piece of the ground itself, in the literal sense of a hand-to-hand passing of an amount of soil, a twig, key, or other symbol.
The turf and twig ceremony dates from the feudal era, but was used regularly in early colonial
America, allowing the English to take sovereign possession over so-called unclaimed lands. The process has taken several forms over the centuries. Dr. Bernulf Hodge in A History of Malmesbury describes the process, discontinued in the late 17th century, as follows:
in the Church of England
. Canon C11 provides:
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
ceremony, formerly practiced in feudal England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and in other countries following English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, used to convey
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
holdings in property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
. The term "livery" is related, if not synonymous with, the word "delivery" as used in modern contract law. The common law in those jurisdictions once provided that a valid conveyance of a feudal tenure
Feudal land tenure
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the...
in land required the physical transfer by the transferor to the transferee, in the presence of witnesses, of a piece of the ground itself, in the literal sense of a hand-to-hand passing of an amount of soil, a twig, key, or other symbol.
Varieties
Livery of seisin could refer to either:- livery in deed, whereby the parties actually went on to the land, and the transferor symbolically delivered possession of the land by handing over a twig or a clump of earth to the recipient, or
- livery in law, whereby the parties went within sight of the land and the transferor declared to the recipient that possession was being given, followed by the recipient entering onto the land.
Turf and twig ceremony
Colonialism
Colonialism is the establishment, maintenance, acquisition and expansion of colonies in one territory by people from another territory. It is a process whereby the metropole claims sovereignty over the colony and the social structure, government, and economics of the colony are changed by...
America, allowing the English to take sovereign possession over so-called unclaimed lands. The process has taken several forms over the centuries. Dr. Bernulf Hodge in A History of Malmesbury describes the process, discontinued in the late 17th century, as follows:
"The lucky new CommonerCommonerIn British law, a commoner is someone who is neither the Sovereign nor a peer. Therefore, any member of the Royal Family who is not a peer, such as Prince Harry of Wales or Anne, Princess Royal, is a commoner, as is any member of a peer's family, including someone who holds only a courtesy title,...
goes to his "given" acre and cuts a turf from the selected site and drops two shillings in the hole made. The High Steward then twitches him with a twig and sticks the twig in the turf, then hands it to him saying, "This turf and twig I give to thee, as free as Athelstan gave to me, and I hope a loving brother thou wilt be." The High Steward then takes the money out of the hole and the new landowner replaces the turf."
Continuing ecclesiastical use
A vestige of the procedure survives in the act by which a candidate is admitted to the office of incumbentIncumbent (ecclesiastical)
In Anglican canon law, the incumbent of a benefice, usually the parish priest, holds the temporalities or assets and income.Depending on the terms of governance of each parish an incumbent might be either:...
in the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
. Canon C11 provides:
- 1. The bishopBishopA bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
, after giving institution to any priest, shall issue directions for induction to the archdeaconArchdeaconAn archdeacon is a senior clergy position in Anglicanism, Syrian Malabar Nasrani, Chaldean Catholic, and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Roman Catholic Church...
or other the person to whom induction belongs, who shall thereupon induct the said priest into possession of the temporalities of the beneficeBeneficeA benefice is a reward received in exchange for services rendered and as a retainer for future services. The term is now almost obsolete.-Church of England:...
. - 2. The archdeacon or other such person, when he makes the induction, shall take the priest who is to be inducted by the hand and lay it upon the key or upon the ring of the church door, or if the key cannot be had and there is no ring on the door, or if the church be in ruins, upon any part of the wall of the church or churchyard, at the same time reading the words of induction; after which the priest who has been inducted shall toll the bell to make his induction public and known to the people.