to he and to his heir haeres in the legal understanding of the commonlaw imply  that he be ex justice marriage  to bring forth for haeres fixed by law be who  marriage  demonstrant and be he to who land tenement or hereditament by the  act of God and right of blood do descend of some estate of inheritance for  solus Deus to hang to make to be able non a human being to say autem  inheritance haeres ab to hang quoth be closely  to sit upon nam who haeres be  to hang well to say ab to hang because inheritance Himself to hang although  some  to hang dictum to will quoth haeres to be hoc be dominus the earth c who  and the dawn preveniunt a monster which have not the shape of mankind can be  heir or inherit any land albeit it be bring forth within marriage a but  although he have deformity in any part of his body yet if he have humane shape  he may be heir hii who contra form human noble birth turning more  to bring forth ut si mulier strange well prodigiosumenixa inter book non  to sum up birth yet who nature aliquantulem ampliaveri well diminueri non yet  very abundantly ut si sex finger well nisi quatuor to have be debet inter book  to number si useless nature  To give back ut si membram full of crooks to have  non yet be birth strange another say enlargement seu understatement a limb non  to do harm b a bastard can be heir for as have be say before who ex  to adjudge guilty union to be born inter book non to sum up every heir be  either a male or female or a Hemophradite that be both male and female and a  hermophradite which be also call  a man woman shall be heir either as male or  female accord to that kind of the sex which do prevail Hermaphradita tam male  how foeminae compara secundum praevalescentiam sex incalescent and accord it  ought to be baptise see more of this matter sect c a man seize of land in fee  have issue a alien that be bear out of the king allegiance he can be heir near  diminution subjugation albeit he be bear within lawful marriage if make  denizen by the king letter patent yet can he inherit to his father or any  other but otherwise it be if he be naturalize by Act of parliament for then he  be not accousted in law one born in a foreign land but indigena but after one  be make denizen the issue that he have afterward shall be heir to he but no  issue that he have before if a alien come into England and have issue two son  these two son be native subject bear because they be bear within the realm and  yet if one of they purchase land in fee and die without issue his brother  shall not be his heir for there be never any inheritable blood between the  father and they and where the son by no possibility can be heir to the father  the one of they shall not be heir to the other see more at large of this  matter sect if a man be attaint of treason or felony although he be bear  within wedlock he can be heir to no man nor any man heir to he near fault for  that by his attainder his blood be corrupt Andthiscorruption of blood be so  high as it can absolute be salve and restore but by Act of parliament for  albeit the person attaint obtain his charter of pardon yet that do not make  any to be heir who blood be corrupt at the time of the attainder either  downward or upward d as if a man have issue a son before his attainder and  obtain his pardon and after the pardon have issue another son at the time of  the attainder the blood of the old be corrupt and therefore he can be heir but  if he die live his father the young son shall be heir for he be not in be at  the time of the attainder and the pardon restore the blood as to all issue  begottenafterwards but in that case if the old son have survive the father the  young son can be heir because he have a elder brother which by possibility may  have inherit but if the elder brother have be a alien the young son shall be  heir for that the alien never have any inheritable blood in he see more  plentiful of this matter sect if a man have issue two son and after be attaint  of treason or felony and one of the son purchase land and die without issue  the other brother shall be his heir for the attainder of the father corrupt  the lineal blood only and not the collateral blood between the brother which  be vest in they before the attainder and each of they by possibility may have  be heir to the father and so have it be adjudge but other wise in the case of  the alienee as have be say e but some have hold that if a man after he be  attaint of treason or felony have issue two son that the one of they can be  heir to the other because they can not be heir to the father for that they  never have any inheritable blood in they f one that be bear deaf and dumb may  be heir to another albeit it be otherwise hold in ancient time and so if bear  deaf dumb and blind for in hoc grammatical case fault to act sparingly  physical scientist but contract they can idiot leaper mad man outlaw in debt  trespass or the like person excommunicate man attaint in a praemunire or  convict of heresy may be heir g if a man have a wife and die and within a very  short time after the wife marry again and within nine month have a child so as  it may be the child of the one or of the other some have say that in this case  the child may choose his father because in hoc grammatical case  descentfromfather non to be able to make good and so be the book to be intend  for avoid of which question and other inconvenience this be the law before the  Conquest sit all men  an unmarried woman without husband dvodecim month si  maritauerit to make away with dowry h a man by the commonlaw can be heir to  good or chattel for haeres to say ab heir I if a man buy diverse fish as carp  bream tenches c and put they in his pond and die in this case the heir shall  have they and not the executor but they shall go with the inheritance because  they be at liberty and can not be get without industry as by net and other  engine otherwise it be if they be in a trunk or the like likewise deer in a  park cony in a warren and dove in a dove house young and old shall go to the  heir k but of ancient time the heir be permit to have a action of debt upon a  bind make to his ancestor and his heir but the law be not so hold at this day  Vid sect l it be to be note that one can be heir till after the death of his  ancestor he be call haeres exposed to the air heir apparent in our old book  and record there be mention make of another heir videlicet haeres astrarius so  call of astre that be a hearth of a house because the ancestor by conveyance  have set his heir apparent and his family in a house and live in his life time  of who Bracton say thus a item to eat quoth haeres sit astrarius well quoth  some antecessor to set up again heir in vita to sew heir see  to send different ways to see quoth nullo tempore to be thrown or cast  inheritance therefore quoth nec to life up to be able nec debet nec remedy  dari b for the benefit and safety of right heir contra birth to put below the  law have provide remedy by the Writ de ventre to look into whereof the rule in  the register be this notam si quis to have heir to lead largely in wife postea  to die that without heir de corpore his to go out per quoth inheritance that  brother Self death to climb down to withhold wife to say see be to be pregnant  de Self death come non sit to have frater haeres breve de ventre to look into  it seem by Bracton and Fleta which follow he that this Writ do lie Ubi wife  alicuj in vita man Himself see to be pregnant fecit come non sit well post  death man Himself see to be pregnant fecit come non sit and exhaeredationem  very heir c and quaerelam very heir per teaching domini king c which be to be  understand accord to the rule of the register when a man have land in  feesimple die and his wife soon after marry again and feign her self with  child by her former husband in this case though she be marry the Writ de  ventre to look into do lie for the heir but if a man seize of land in fee for  example have issue a daughter who be heir apparent she in the life of her  father can have this writ for diverse cause first because she be not heir but  heir apparent for as have be say nemo be haeres to live and this Writ be give  to the heir to who the land be descend and both Bracton and Fleta say that  this Writ lie and quaerelam very heir which can be in the life of his ancestor  and herewith agree Britton and the register second the take of a husband in  the case aforesaid be her own act can bar the heir of his lawful action once  vest in he three the law do not give the heir apparent any Writ for it be  notcertaine whether he shall be heir solus Deus compose haeredes fourthly the  inconvenience be too great if heir apparent in the life of their ancestor  shall have such a Writ to examine and try a man lawful wife in such sort as  the Writ de ventre to look into do appoint and if she shall be find to be with  child or suspect then she must be remove to a castle and there safe keep until  her delivery and so any man wife may be take from he against the law of God  and man the word of the Writ de ventre to look into make this evident king Vic  health to point out we a quoth come r who to be wife clement b with child non  sit self falsehood to say see be to be pregnant de to the same place Clemente  adexhaeredationem Self a since land who to be ejusden c and Self a jure  haereditariodescendere to withhold tanquam and brother to hang Self see si  predict r offspring de eastern non to have c but this rather belong to the  treatise of original writ and therefore thus much herein shall suffice and it  be to be observe that every word of Littleton be worthy of observation first  heir in the plural number for if a man give land to a man to his heir in the  singular number he have but a estate for life for his heir can take a  feesimple by descent because he be but one and therefore in that case his heir  shall take nothing also observable be this conjunctive et for if a man give  land to one to have and to hold to he or his heir he have but a estate for  life for the uncertainty see n'est if a man give land unto two to have and to  hold to they two heir c omit n'est they have but a estate for life for the  uncertainty whereof more hereafter in this section but it be say if land be  give to one man heir omit n'est that notwithstanding a feesimple pass but it  be safe to follow Littleton d and his assign assignee come of the verb  appointed and note there be assign in deed and assign in law whereof see more  in the chapter of warranty sect these word his heir which word only make a  estate of inheritance in all feoff and grant e si autem fanctam be donation ut  si form do flute ankle earth this donation non to stretch out and haeredes say  and vine donatoria c f here Littleton treat of purchase by natural person and  not of body politic or corporate g for if land be give to a sole body politic  or corporate as to a bishop parson vicar master of a hospital c there to give  he a estate of inheritance in his politic or corporate capacity he must have  these word to have and to hold to he and his successor for without these word  successor in these case there pass no inheritance for as the heir do inherit  to the ancestor so the successor do succeed to the predecessor and the  executor to the testator h but it appear here by Littleton that if a man at  this day give land to be and his successor this create no feesimple in he for  Littleton speak of natural person say that these word his heir make a estate  of inheritance in all feoff and grant whereby he exclude these word his  successor I and yet if it be a ancient grant it must be expound as the law be  take at the time of the grant k a chantry priest incorporate take a lease to  he and his successor for a hundred year and after take a release from the  leasor to he and his successor and it be adjudge that by the release he have  but a estate for life for he have the lease in his natural capacity for it can  not go in succession and his successor give he no estate of inheritance for  want of these word his heir l if the king by his letter patent give land  celebrate by singing little head habendum Himself heir successor n'est in this  case albeit they be person in their natural capacity to they and their heir  yet because the grant be make to they in their politic capacity it shall enure  to they and their successor and so if the king do grant land to I S habendum  Himself successor sive heir n'est this grant shall enure to he and his heir m  b have diverse son and daughter a give land to b book n'est et a lour heir the  father and all his child do take a feesimple joint by force of these word  their heir but if he have no child at the time of the feoff the child bear  afterward shall not take these word his heir do not only extend to his  immediate heir but to his heir remote and most remote bear and to be bear n  sub who noun heir n'est all haeredes relative to bind together to move back  born to be born and heir appellation to come haeredes heir in infinitum and  the reason wherefore the law be so precise to prescribe certain word to create  a estate of inheritance be for avoid of uncertainty the mother of contention  and confusion there be many word so appropriate as that they can be legal  express by any other word or by any periphrasis or circumlocution some to  estate of land c as here and in a other place of our author in this place  these word tantsolement not solement alone but tantsolement all only I only or  to this extent be to be observe b some to tenor c some to person d some to  offence e some to from of original writ either for recovery of right or remove  or redress of wrong f some to warranty of land these have I touch for example  I leave other to the studious reader to observe and add hold this for a  undoubted verity that there be no knowledge case or point in law seem it of  never so little account but will stand our student in stead at one time or  other and therefore in read nothing to be pretermit make a estate status  to say a to stand because it be fix and permanent the isle of man which be no  part of the kingdom but a distinct Territorie of it self have be grant by the  great seal to diverse subject and their heir g it be resolve by the lord  chancellor the two chief justice and chief baron that the same be a estate  descendible accord to the course of the commonlaw for whatsoever state of  inheritance pass under the great seal of England it shall be descendible  accord to the rule and course of the commonlaw of England in all feoff and  grant here he give the feoff the first place as the ancient and most necessary  conveyance both for that it be solemn and public and therefore best remember  and prove and also for that it clear all disseisins abatement intrussions and  other wrongful or defensible estate where the entry of the feoff be lawful  which neither fine recovery nor bargain and sale by deed indent and enrol do  and here be employ a division of fee or inheritance videlicet h into corporeal  as land and tenement which lie in livery comprehend in this word feoff and may  pass by livery by deed or without deed which of some be call inheritance  corporat and incorporeal which lie in grant and can pass by livery but by deed  as advowson Commons c and of some be call inheritance incorporata and by the  delivery of the deed the freehold and inheritance of such inheritance as do  lie in grant do pass comprehend in this word grant and the deed of  incorporeate inheritance do equal the livery of corporeate and therefore  Littleton say in all feoff and grant inheritance other corporal other bodiless  corporal be who tangi to be able to see bodiless who tangi non to be able nec  to see feoff be derive of the word of be fee because be donation fee for the  ancient writer of the law call a feoff donation of the verb do or to give away  which be the apt word of feoff and that word ephron use when he feoff Abraham  say I give thou the field of machpelah over against Mamre and the cave therein  I give thou and all the tree in the field and the border round about all which  be make sure unto Abraham for a possession in the presence of many witness by  a feoff the corporeate fee be convey and it proper betoken a conveyance in fee  as our author himself hereafter say in his chapter of tenant for life and yet  sometime improper it be call a feoff when a estate of freehold only do pass do  be nosme general plus and nest feoff car do be general a tout choose moebles  nient moebles feoff be riens chance deal soil and note there be a difference  inter papyrus  factum for papyrus  be intend a charter which do touch  inheritance and so be not factum unless it have some other addition grant  permission be proper of thing incorporeal which as have be say can pass  without deed and here it be to be observe that I may speak once for all that  every period of our author in all his three book contain matter of excellent  learning necessary to be collect by implication or consequence for example he  say here that these word his heir make a estate of inheritance in all feoff  and grant he express feoff and grant necessary imply that this rule extend not  first to last will and testament for thereby I as he himself after say a  estate of inheritance may pass without these word his heir k as if a man  devise acre to another and that he shall pay to his executor for the same ten  pound and hereby the devisee have a feesimple by the intent of the devisor  albeit it be not to the valve of the land l so it be if a man devise land to a  man imperpetuum or to give and to sell or in fee simple or to he and to his  assign for ever in these case a feesimple do pass by the intent of the devisor  but if the devise be to a man and his assign without say for ever the devisee  have but a estate for life m if a man devise land to one to be bloody his that  be a feesimple but if it be seed his it be a estate tail n second that it  extend not to a fine sur conusans de droit come Ceo and ill and de son do by  which a fee also may pass without this word heir in respect of the height of  that fine and that thereby be employ that there be a precedent gift in fee  three nor to certain release and that three manner of way oh first when a  estate of inheritance pass and continue as if there be three coparceners or  Joyntenants and one of they release to the other two or to one of they general  without this word heir by Littleton own opinion they have a feesimple as  appear hereafter by release p when a estate of inheritance pass and continue  not but be extinguish as where the lord release to the tenant or the grantee  of a rend c release to the tenant of the land general all his right c hereby  the signiory rend c be extinguish for ever without these word heir Q when a  bear right be release as when the disseisee release to the seize all his right  he needs not say our author in another place speak of his heir but of all  these and the like case more shall be treat in their proper place nor to a  recovery a seize of land suffer b to recover the land against he by a common  recovery where the judgement be quoth prediction b recupere versus pillage a  property prediction come reach yet b recover a feesimple without these word  heir for regular every recoveror recover a feesimple nor to a creation of  nobility by Writ for when a man be call to the Upper house of parliament by  Writ he be a baron and have inheritance therein without the word heir yet may  the king limit the general state of inheritance create by the law and custom  of the realm to the heir male or general of his body by the Writ as he do to  Bromflete who in h be call to parliament by the name of the lord Vescye c with  the limitation in the Writ to he and the heir male of his body but if he be  create by patent he must of necessity have these word his heir or the heir  male of his body or the heir of his body c otherwise he have no inheritance  the first creation of a baron by patent that I find be of John beauchamp of  Holte create baron by patent in r for baron before that time be call by Writ  and it be to be observe that of ancient time earl c be create by gird they  with a sword and nominate he earl c of such a county or place and this with a  call of he to parliament by Writ by that name be a sufficient creation of  inheritance but out of this rule of our author the law do make diverse  exception et exception let maxim for sometime by a feoff a feesimple shall  pass without these word his heir for example first r if the father feoff the  son to have and to hold to he and to his heir and the son feoff the father as  full as the father feoff he by this the father have a feesimple because word  relata hoc maxim service per referentiam ut in be to see S second in respect  of the consideration a feesimple have pass at the commonlaw without this word  heir and at this day a estate of inheritance in tail as if a man have give  land to a man with his daughter in frank marriage general a feesimple have  pass without this word heir for there be no consideration so much respect in  law as the consideration of marriage in respect of alliance and posterity t  three if a feoff or grant be make by deed to a mayor and commonalty or any  other corporation aggregate of many person capable they have a feesimple  without the word successor because in judgement of the law they never die u  fourthly in case of a sole corporation a feesimple shall sometime pass without  this word successor as if a feoff in fee be make of land to a bishop to have  and to hold to he in Proserpine alms a feesimple do pass without this word  successor wonder and so if a man give land to the king by deed enrol a  feesimple do pass without these word successor or heir because in judgement of  law the king never die five in grant sometime a inheritance shall pass without  this word heir ten as if partition be make between coparceners of land in  feesimple and for oweltie of partition the one grant a rend to the other  general the grantee shall have a feesimple without this word heir because the  grantor have a feesimple in consideration whereof he grant the rend Self  and indeed law to long for ut jure to keep straight six by the forest law if a  assart be grant by the king at a justice seat which may be do without charter  to another habendum tenendum Himself imperpetuum he have a feesimple without  this word heir y for there be a special law of the forest as there be a law  martial for war and a Marine law for the sea z and this rule of our author  extend to the pass of estate of inheritance in exchange release or  confirmation that ensure by way of enlargement of estate warranties bargain  and sale by deed indent and enrol and the like in which this word heir be also  necessary for they do tantamount to a feoff or grant or stand upon the same  reason that a feoff or grant do for like reason do make like law Ubi  by the same route ratio there idem law and this be to be observe throughout  all these three book that where other case fall within the same reason our  author do put his case but for example for so our author himself in another  place explain it say et memorandum and en all auters case comment and ne be  icy expressment move specify si be en semblable reason be en semblable lie and  here our author be to be understand to speak of heir when they be inheritable  by dissent for they be capable of land also by purchase and then the course of  descent be sometime alter as if land of the nature of gavelkind be give to b  and his heir have issue diverse son all his son after his disease shall  inherit but if a lease for life be make the remainder to the right heir of b  and b die his old son only shall inherit for he only to take by purchase be  right heir by the commonlaw so note a diversity between a purchase and a  descent but where the remainder be limit to the right heir of b it needs not  to be say and to their heir for be plurally limit it include a feesimple and  yet it rest but in one by purchase out of that which have be say it be to be  observe that a man may purchase land to he and his heir by ten manner of  conveyance for I speak not here of estoppels first by feoff second by grant of  which two our author here speak three by fine which be a feoff of record  fourthly by common recovery which be a common conveyance and be in nature of a  feoff of record five by exchange which be in nature of a grant six by release  to a particular tenant seven by confirmation to a particular tenant both which  be in nature of grant eighthly by grant of a reversion or remainder with  attornment of the particular tenant of all which our author speak hereafter  Ninethly by bargain and sale by deed indent and enrol ordain by statute since  Littleton write tenthly by devise by custom of some particular place as he  show hereafter and since he write by will in write general by authority of  parliament what word be apt word for a feoff or grant vide sect our author  speak of feoff and grant whereby be employ lawful conveyance and therefore  this rule extend not to Disseisins abatement or intrusion into land or  tenement or to usurpation to advowson c in which case estate in feesimple be  gain by the act and wrong of the Disseisors abators intruder and usurper and  if a seize abatement or intrusion be make to the use of another if cey and use  agree thereunto in pay by this bear agreement he gain a feesimple without any  livery of seissin or other ceremony