Notes and Queries, Number 225, February 18, 1854: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.Various
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Notes and Queries, Number 225, February 18, 1854: A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc.
Various
Questions and answers -- Periodicals
MR. HALLIWELL'S exposition of the term "inheritance," quoted from the
Shakspeare deed, is substantially correct, and there can be no question but
that the sentence "heretofore the inheritance of William Shakspeare, Gent.,
deceased," was introduced in such deed, simply to show that Shakspeare was
formerly the _absolute owner in fee simple_ of the premises comprised
therein, and not to indicate that he had acquired them by descent, either
as heir of his father or mother, although he might have done so. As MR.
HALLIWELL appears to attach some importance to the word "purchase," as used
by Cowell in his definition of the term "inheritance," the following
explanation of the word "purchase" may not prove unacceptable to him.
Purchase--"Acquisitum, perquisitum, purchasium"--signifies the _buying_ or
acquisition of lands and tenements, with _money_, or by taking them by deed
or agreement, and _not by descent or hereditary right_. (Lit. xii.; Reg.
Orig., 143.) In Law a man is said to come in by purchase when he acquires
lands by legal conveyance, and he hath a lawful estate; and a purchase is
always intended by title, either from some consideration or by gift (for a
gift is in Law a purchase), whereas descent from an ancestor cometh of
course by act of law; also all contracts are comprehended under this word
purchase. (Coke on _Littleton_, xviii., "Doctor and Student," c. 24.)
Purchase, in opposition to descent, is taken largely: if an estate comes to
a man from his ancestors without writing, that is a descent; but where a
person takes an estate from an ancestor or others, by deed, will, or gift,
and _not as heir-at-law_, that is a purchase. This explanation might be
extended, but it is not necessary to carry it farther for the purpose of
MR. HALLIWELL'S inquiry.
CHARLECOTE.
The word "inheritance" was used for hereditament, the former being merely
the French form, the latter the Latin. Littleton (§ 9.) says:
"Et est ascavoir que cest parol (enheritance) nest pas tant solement
entendus lou home ad terres ou tenementes per discent de heritage, mes
auxi chescun fee simple ou taile que home ad per son purchase puit
estre dit enheritance, pur ceo que ses heires luy purront enheriter.
Car en briefe de droit que home portera de terre, que fuit de son
purchase demesne, le briefe dira: Quam clamat esse jus et
hereditamentum suum. Et issint serra dit en divers auters briefes, que
home ou feme portera de son purchase demesne, come il appiert per le
Register."
{156}
The word is still in use, and signifies what is capable of being inherited.
H. P.
Lincoln's Inn.
* * * * *
LORD FAIRFAX.
(Vol. ix., p. 10.)
Your correspondent W. H. M. has called my attention to his Note, and
requested me to answer the third of his Queries.
Public-domain text, read in full here on John Shaqi.
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