A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

INHERITANCE.

Inheritance, A man may have an Inheritance in title of Nobility and Dignity three manner of waies; that is, 1. by creation, 2. by descent, 3. and by prescription: by creation two manner of ordi∣nary waies, 1. by Writ, 2. and Letters Patents. Crea∣tion by Writ is the antienter way; yet that by Let∣ters Patents is the surer. If he be generally called* 1.1 by Writ to the Parliament, he hath a Fee-simple in the Barony without words of Inheritance. But if he be created by Letters Patents, the state of In∣heritance must be limited by apt words, or else the Grant is void: But a man must not only have the Writ delivered to him, but sit in Parliament, to make him noble that way; and thereupon a Ba∣ron is called a Peer of Parliament: Therefore a Duke, Earl, &c. of another Kingdom are not to be sued by these Names here, for they are not Peers of our Parliament.

Some have an Inheritance, and have it neither by descent, nor properly by purchase, but by cre∣ation; as when the King doth create any man a Duke, a Marquess, Earl, Viscount, or Baron* 1.2 to him and his Heirs, or to the Heirs Males of his body, he hath an Inheritance therein by creation.

Notes

• * 1.1

  Cook on Lit. l. 1. c. 1. sect. 9.
• * 1.2

  Id. ib.