section feesimple tenant in feesimple be he which have land or tenement to  hold to he and his heir for ever and it be call in Latin feesimplex for fee be  the same that inheritance be and simplex be as much to say as lawful or pure  and so feesimplex signify a lawful or pure inheritance for if a man will  purchase land or tenement in feesimple it behoof he to have these word in his  purchase to have and to hold to he and to his heir for these word his heir  make the estate of the inheritance for if a man purchase land by these word to  have and to hold to he for ever or by these word to have and to hold to he and  his assign for ever in these two case he have but a estate for term of life  for that there lack these word his heir which word only make a estate of  inheritance in all feoff and grant tenant in Latin to hold be derive of the  verb to hold and have in the Latin five signification it signify the estate of  the land as when the tenant in a praecipe of land plead quoth non tener  etcetera this be as much as to say that he have not seize of the freehold of  the land in question and in this sense do our author take it in this place  therefore he say tenant in feesimple be he which have land to hold to he his  heir it signify the tenure of the service whereby the land tenement be hold  and in this sense it be say in the Writ of right who proclaim to hold de te  per book slavery c and in this signification he be call a tenant or holder  because all the land tenement in England in the hand of subject be hold  mediate or immediate of the king for in the law of England we have not proper  allodium that be any subject land that be not hold unless you will take  allodium for ex solid figure as it be often take in the book of Domesday and  tenant in feesimple be there call Alodarii or Aloarii and he be call a tenant  because he hold of some superior lord by some service and therefore the king  in this sense can be say to be a tenant because he have no superior but God  almighty farm domini king be straight line dominium citizens nullus author be  nisi Deus and as Bracton say all men  indeed  sub eastern ipse sub nullo nisi  so much sub a god the possession of the king be call sancram patrimon Dominica  coronae king but though a subject have not proper straight line yet have he  utile dominium of these tenant our author speak in his second book also  to hold signify performance as in the Writ of covenant quoth to hold assembly  that be that he hold or perform his covenant and likewise it signify to be  bind as it be say in every common obligation tender  really to bind up last it  signify to deem or judge as in Edward c it shall be hold for none that be  judge or deem for none and so we common say it be hold in our book and these  several signification do proper belong to our tenant in feesimple for he have  the estate of the land he hold the land of some superior lord and be to  perform the service due and thereunto he be bind by doom and judgement of law  of the several estate of land our author treat in his first book and begin  with feesimple because all other estate and interest be derive out of the same  feesimple fee come of the French fief I farm privileged soldiers  and legal  signify inheritance as our author himself hereafter expound it and simple be  add for that it be descendible to his heir general that be simple without  restraint to the heir of his body or the like fee be quoth quis tenet ex  wherever cause sive sit property sive  To give back c in Domesday it be call  feudum a of feesimple it be common hold that there be three kind videlicet  feesimple absolute feesimple conditional and feesimple qualify or a base fee  but the more genuine and apt division be to divide fee that be inheritance  into three part videlicet simple as absolute conditional and qualify or base  for this word simple proper exclude both condition and limitation that defeat  or abridge the fee hereby appear that fee in our legal understanding signify  that the land belong to we our heir in respect whereof the owner be say to be  seize in fee and in this sense the king be say to be seize in fee b it be also  take as it be hold of another by service and that belong only to the subject  item to say fee elsewhere modus he who other enfeofee quoth quis tenet ab  elsewhere ut si sit who dedicate ankle tenet de I tot fee per slavery  military man and Fleta say to be able One to hold in fee quoad  the condition of a slave as dominus capital crime  non in of the in fee of non  in slavery as freely to hold some c and therefore if a stranger claim a  signiory and disteine and avow for the service the tenant may plead that the  tenancy be extra fee c of he that be out of the signiory or not hold of he  that claim it but he can plead horse de son fee unless he take the tenancy  that be the state of the land upon he of fee in the first sense our author  treat in this first book and as be take in the second sense in his second book  and of the three you shall read in our author sect and plentiful in our book  quote in the margin land or tenement here be to be observe that a man may have  a feesimple in three kind of hereditament videlicet real personal and mix real  as land and tenement whereof our author here speak personal king Edward the  first in the thirteenth year of his reign  to go away Edmundo brother his  charissimo quoth ipse haeredes Himself to have and requisitionem to sew in  cancellar our men  heir our Justi ciarios and placita forest quas idem  Fraternosterhabet ex gift domini king Henry parish our men  secundum assiss  forest tenant c in this case the grantee and his heir have a personal  inheritance in make of a request to have letter patent of Commission to have  justice assign to he to hear and determine of the plead of the forest and  concern neither land or tenement and so it be if a annuity be grant to a man  and his heir it be a feesimple personal such de like and last hereditament mix  both of the realty and personality as the abbot of whitby in the county of  York have a forest of the gift of William of Percy founder of that abbey and  by the charter of king John and of other his progenitor king Henry the three  do grant abbey to come together de whitby quoth Self the dawn successor in  continuous to have viridarios swine to appropriate de freedom to sew de Whitb  eligend de for the rest in full under command the head of Eborum prout custom  be and an answer presentationes faciend de transgression quas henceforth fieri  to touch de venation infra fear forest of oneself de whitby how to have ex  donation Willi de Percey of de Percey son he reddition concession domini Johan  quondam king England father our men  confirmation our men  in person justice  our men  itinerantibus and placita forest in birth strike against non alibi as  viridarii forest our men  hujusmodi an answer to make to withhold  to become used et si to touch some forinsecos who non are de freedom predictor  abbot convent transgression to make de venation infra fear forest preceding  quos preceding viridarii attachiare non to be able to will  to go away pro we  heir our men  quoth hujusmodi transgressor per Justicarios forest our men   ultra Trentam attachientur and praesentationem viridariorum predict and  to answer ind in person justice our men  itinerantibus and placita forest  our men  in birth strike against come ibidem and placitandum to come prout  secundum assisam experience forest to be faciend which charter be plead upon  the claim make by the abbot of whitby before Willoughby Hungerford and Hanbury  justice in eire in the forest of Pickering which eire begin year  edward and  these before they be allow and when the king create a earl of such a county or  other place to hold that dignity to he and his heir this dignity be personal  and also concern land and tenement but of this matter more shall be say in the  next chapter sect call in Latin feum sinplex for fee be the same that  inheritance be here Littleton himself teach the signification of fee accord to  that which have be say which only be to be apply to feesimple pure and  absolute and this and all his other interpretation of word and etymology  throughout all his three book wherein the studious reader will observe many be  perspicuous and ever per the never to pardon per ignotius and be most  necessary for not to know boundary not to know ars simplex be as much to say  as lawful or pure hereof he treat only in this place and Litt say well that  simplex idem be quoth purum simplex for to say because without fold   purum  to say quoth be wine  solum without addition simplex donation free from dirt  be where no one to put to be creating sive modus simplex for to hand over  quoth nullo addition to hand over a lawful or pure inheritance and therefore  it be well say quoth donation other simplex free from dirt who nullo jure  civil well physical scientist cogent nullo precedent fear well to come between  ex wine  gratuitaque freedom To give as a present to go before where nullo  grammatical case lightarmed footsoldier donator and see see revertor. quoth  devoted to other sub modus condition well ob cause in who grammatical case non  particularly sit donation come donator id and see see revertor.  lightarmed footsoldier say quedam rather vassal dimissi other to set free  larga other to draw tight narrow as that which is fixed heir a certain a  successor sluice c and therefore see feesimple be hereditaslegitima well  free from dirt it plain confirm that the division of fee be by his authority  rather to be divide as be aforesaid than feesimple and he say well in the  disjunctive fixed by law well free from dirt for every feesimple be not  fixed by law for a seize abator intruder usurper c have a feesimple but it be  not a lawful fee so as every man that have a feesimple have it either by right  or by wrong if by right then he have it either by purchase or dissent if by  wrong then either by seize intrusion abatement usurpation c in this chapter he  treat only of a lawful feesimple and divide the same as be aforesaid for if a  man will purchase person capable of purchase who have ability to grant person  capable of purchase be of two sort person natural create of God as I S I n c  and person incorporate or politic create by the policy of man and therefore  they be call body politic and these be of two sort videlicet either sole or  aggregate of many again aggregate of many either of all person capable or of  one person capable and the rest incapable or dead in law as in the chapter of  discontinuance sect shall be show some man have capacity to purchase but not  ability to hold some capacity to purchase and ability to hold or not to hold  at the election of they or other some capacity to take and to hold some  neither capacity to take nor to hold and some special disable to take some  particular thing if a alien Christian or infidel purchase house land tenement  or hereditament to he and his heir albeit he can have no heir yet he be of  capacity to take a feesimple but not to hold for upon a office find the king  shall have it by his prerogative of whosoever the land be hold and so it be if  the alien do purchase land and die the law do cast the freehold and  inheritance upon the king if a alien purchase any estate of freehold in house  land tenement or hereditament the king upon office find shall have they if a  alien be make denizen and purchase land and die without issue the lord of the  fee shall have the escheat and not the king but as to a lease for year there  be a diversity between a lease for year of a house for the habitation of a  merchant stranger be a alien who king be in league with we and a lease for  year of land meadow pasture wood and the like for if he take a lease for year  of land meadow c upon office find the king shall have it but of a house for  habitation he may take a lease for year as incident to Commercety for without  habitationheecannot merchandise or trade but if he depart or relinquish the  realm the king shall have the lease so it be if he die possess thereof neither  his executor or administrator shall have it but the king for he have it only  for habitation as necessary to his trade or traffic and not for the benefit of  his executor or adminstrator but if the alien be no merchant then the king  shall have the lease for year albeit it be for his habitatation and so it be  if he be a alien enemy and all this be so resolve by the judge assemble  together for that purpose in the case of sir James cross pasch of the reign of  queen Elizabeth also if a man commit felony and after purchase land and after  be attaint he have capacity to purchase but not to hold it for in that case  the lord of the fee shall have the escheat and if a man be attaint of felony  yet he have capacity to purchase to he and to his heir albeit he can have no  heir but he can hold it for in that case the king shall have it by his  prerogative and not the lord of the fee for a man attaint have no capacity to  purchase be a man in civil sphere corpse but only for the benefit of the king  no more than the alienee have if any sole corporation or aggregate of many  either ecclesiastical or temporal for the word of the statute be si quis  religious devotee well the purchase land or tenement in fee they have capacity  to take but not to retain unless they have a sufficient licence in that behalf  for within the year after the alienation the next lord of the fee may enter  and if he do not then the next immediate lord from time to time to have half a  year and for default of all the mesne lord then the king to have the land so  alien for ever which be to be understand of such inheritance as may be hold  but of such inheritance as be not hold as villain rend charge commons and the  like the king shall have they present by a favourable interpretation of the  statute a annuity grant to they be not mortmain because it charge the person  only some have say that it be call mortmain manus corpse because possession  corum be immortal manus propossessione corpse pro immortal and the rather for  that by the law and statute of the realm all Ecclesiastiall person be restrain  to alien other say it be call manus corpse per Antiphrasin because body  politic and corporate never die other say that it be call mortmain by  resemblance to the hold of a man hand that be ready to die for that he then  hold he let we not go till he be dead these and such other be frame out of wit  and invention but the true cause of the name and the meaning thereof be take  from the effect as it be express in the statute it self per quoth who  the condition of a slave ex hujusmodi fee debenture who and a defending  royal power ab beginning to see in advance to be not owed to draw from below  capital domini escheat urge to send away so as the land be say to come to dead  hand as to the lord for that by alienation in mortmain they lose whole their  escheat and in effect their knight service for the defence of the realm ward  marriage relief and the like and therefore be call a dead hand for that a  deadhandyeeldeth no service I pass over villain or bondman who have power to  purchase land but not to retain they against their lord because you shall read  at large of they in their proper place in the chapter of villeinage a infant  or minor who we call any that be under the age of year have without consent of  any other capacity to purchase for it be intend for his benefit and at his  full age he may either agree thereunto and perfect it or without any cause to  be allege waive or disagree to the purchase and so may his heir after he if he  agree not thereunto after his full age a man of non sane memory may without  the consent of any other purchase land but he himself can waive it but if he  die in his madness or after his memory recover without agreement thereunto his  heir may waive and disagree to the state without any cause show and so of a  idiot but if the man of non sane memory recover his memory and agree unto it  it be unavoidable if a abbot purchase land to he and his successor without the  consent of his covent he himself can waive it but his successor may upon just  cause show as if a great rend be reserve thereupon than the valve of the land  or the like but he can waive it unless it be upon just cause et such de like  to bear before church of oneself condition to make better to be able  deteriorare be unable and in another place he say be for Ecclesia the same  creating who to busy oneself vice those inferior in rank but no simile hold in  every thing accord to the ancient say no one simile quatuor foot to run a a  hermaphrodite may purchase accord to that sex which prevail a feme covert can  take any thing of the gift of her husband but be of capacity to purchase of  other without the consent of her husband and of this opinion be Littleton in  our book and in this book sect but her husband may disagree thereunto and  divest the whole estate but if he neither agree nor disagree the purchase be  good but after his death albeit her husband agree thereunto yet she may  without any cause to be allege waive the same and so may her heir also if  after the decease of her husband she her self agree not thereunto b a wife  wife be a good name of purchase without a Christian name and so it be if a  Christian name be add and mistake as Em for Emelya c for utile per inutile non  to make faulty but the queen the consort of the king of England be a exempt  person from the king by the commonlaw and be of ability and capacity to  purchase and grant without the king of which see more at large sect c the  parishioner or inhabitant or Probus man of dale or the church warden be not  capable to purchase land but good they be unless it be in ancient time when  such grant be allow d a ancient grant by the lord to the commoner in such a  waste that a way lead to their common shall not be straighten be good but  otherwise it be of such a grant at this day e and so in ancient time a grant  make to a lord man n'est tam book how that has arisen by birth or the like be  good but they be not of capacity to purchase by such a name at this day but  yet at this day if the king grant to a man to have the good and cattle de man  n'est or de to hold n'est or de to sit back infra fee c it be good for there  they be not nam as purchaser or taker but for another man benefit who have  capacity to purchase or take f and regular it be requisite that the purchaser  be nam by the name of baptism and his surname and that special heed be take to  the name of baptism for that a man can have two name of baptism as he may have  diverse surname g and it be not safe in writ plead grant c to translate  surname into Latin as if the surname of one be Fitzwilliam or Williamson if he  translate he to thread Willi if in truth his father have any other Christian  name than William the Writ c shall abate for Fitzwilliam or Williamson be his  surname whatsoever Christian name his father have therefore the lawyer never  translate surname and yet in some case though the name of baptism be mistake  as in the case before put of the wife the grant be good so it be if land be  give to Robert earl of Pembroke where his name be Henry to George bishop of  Norwich where his name be John and so of a abbot c for in these and the like  case there can be but one of that dignity or name and therefore such a grant  be good albeit the name of baptism be mistake if by licence land be give to  the dean and chapter of the holy and individed trinity of Norwich this be good  although the dean be not nam by his proper name if there be a dean at the time  of the grant but in plead he must show his proper name and so on the other  side if the dean and chapter make a lease without name the dean by his proper  name the lease be good if there be a dean at the time of the lease but in  plead the proper name of the dean must be show and so to the book of edward to  be intend for the same judge in edward hold the grant good to a mayor alderman  and commonalty albeit the mayor be not nam by his proper name but in plead it  must be show as it be there also hold if a man be baptise by the name of  Thomas and after at his confirmation by the bishop he be nam John he may  purchase by the name of his confirmation and this be the case of sir Francis  gawdy late chief justice of the court of common plea who name of baptism be  Thomas and his name of confirmation Francis and that name of Francis by the  advice of all the judge in year  Hen he do bear and after use in all his  purchase and grant h and this do agree with our ancient book where it be hold  that a man may have diverse name at diverse time but not diverse Christian  name and the court say that it may be that a woman be baptise by the name of  anable and forty year after she be confirm by the name of douce and then her  name be change and after she be to be nam douce and that all purchase c make  by her by the name of baptism before her confirmation remain good a matter not  much in use nor requisite to be put in ure but yet necessary to be know I but  purchase be good in many case by a know name or by a certain description of  the person without either surname or name of baptism as  of or belonging to a wife I S as have be say or birthright son or good luck   to produce son c or son born minimus I S or older man pvero or omnibus son or  filiab I S or omnibus book seu exit of I S or to the right heir of I S k but  if a man do infranchise a villeine come all sequela to sew that be not  sufficient to infranchise his child bear before for the incertainty of the  word sequela l but regular in writ the demandant or tenant be to be nam by his  Christian name and surname unless it be in case of some corporation or body  politic a a bastard have get a name by reputation may purchase by his repute  or know name to he and his heir although he can have no heir but of his body a  man make a lease to b for life remainder to the old issue male of b the heir  male of his body b have issue a bastard son he shall not take the remainder  because in law he be not his issue for who ex to adjudge guilty union  to be born inter book non to sum up and as Littleton say a bastard be quasi  no one thread can have no name of reputation as soon as he be bear b so it be  if a man make a lease for life to b the remainder to the old issue male of b  to be beget of the body of jane S whether the same issue be legitimate or  illegitimate b have issue a bastard on the body of jane S this son or issue  shall not take the remainder for as it have be say by the name of issue if  there have be no other word he can not take and as it have be also say a  bastard can take but after he have gain a name by reputation that he be the  son of b c c and therefore he can take no remainder limit before he be bear  but after he be bear and that he have gain by time a reputation to be know by  the same of a son then a remainder limit to he by the name of the son of his  repute father be good but if he can take the remainder by the name of issue at  the time when he be bear he shall never take it and so it seem and for the  same cause if after the birth of the issue b have marry jane S so as he become  bastard eigne and have a possibility to inherit yet he shall not take the  remainder person deform have humane shape idiot mad man leper deaf dumb and  blind minor and all other reasonable creature have power to purchase and  retain land or tenement d but the commonlaw do disable some man to take any  estate in some particular thing as if a office either of the grant of the king  or subject which concern the administration proceed or execution of justice or  the king revenue or the commonwealth or the interest benefit or safety of the  subject or the like if these or any of they be grant to a man that be unexpert  and have no skill and science to exercise or execute the same the grant be  mere void and the party disable by law and incapable to take the same pro  suitably king poplar tree for only man of skill knowledge ability to exercise  the same be capable of the same to serve the king his people e a infant or  minor be not capable of a office of stewardship of the court of a manor either  in possession or reversion f no man though never so skilful and expert be  capable of a judicial office in reversion but must expect until it fall in  possession and see sect where bargain or give of money or any manner of reward  c for office there mention shall make such a purchaser incapable thereof which  be worthy to be know but more worthy to be put in due execution some be  capable of certain thing for some special purpose but not to use or exercise  such thing themselves as the king be capable of a office not to use but to  grant c a monster bear within lawful matrimony that have not humane shape can  purchase much less retain any thing g the same law be de to declare publicly  corpse world for they be in civil sphere corpse whereof you shall read at  large in his proper place sect purchase in Latin Perquisitum of the verb  to ask diligently after Littleton describe it in the end of this chapter in  this manner item purchase be appeal Le possession de tres outenements and home  and per son fait you per son agreement a quel possession ill neavient per  title de dissent de nul de say ancestor you de say cousin mes person fait they  so as I take it a purchase be to be take when one come to land by conveyance  or title and that disseisins abatement intrusion usurpation and such like  estate gain by wrong be not say in law purchase but oppression and injury note  that purchaser of land tenement lease and hereditament for good and valuable  consideration shall avoid all former fraudulent and covinous conveyance estate  grant charge limitation of use of or out of the same h by a statute make since  Littleton write whereof you may plain and plentiful read in my report to which  I will add this case I c have a lease of certain land for year if he live so  long and forge a lease for year absolute and he by indenture recite the forge  lease for valuable consideration bargain and sell the forge lease and all his  interest in the land to r g it seem to I that r g be no purchaser within the  statute of Elizabeth for he contract not for the true lawful interest for that  be not know to he for then perhaps he will not have deal for it and the  visible and know term be forge and although by general word the true interest  pass notwithstanding he give no valuable consideration nor contract for it and  of this opinion be all the judge in sergeant inn in fleet street I in ancient  time when a man make a fraudulent feoff it be say quoth to put down earth that  in brigam where brigam do signify wrangle contention or intricacy for fraud be  the mother of they all k and on the other side purchase estate and contract  may be avoid since Littleton write by certain act of parliament against usury  above ten in the hundred in such manner and from as by those act be provide  which statute be well expound in my book of report which may be read there to  they that lend money my caveat be that neither direct nor indirect by be or  cunning invention they take above ten in the hundred for they that seek by  flight to creep out of these statute will deceive themselves and repent in the  end purchase land land and other thing to be purchase Littleton here and in  many other place put land but for a example for his rule extend to signory  rend advowson Commons estovers and other hereditament of what kind or nature  soever