S. G. C.

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.

Notes and Queries, Number 225, February 18, 1854 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 97 / 153 题