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."
The word is still in use, and signifies what is capable of being inherited.
H. P.
Lincoln's Inn.