Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/116

 104 occaions the primary diviion of etates, into uch as are freehold, and uch as are les than freehold.

etate of freehold, liberum tenementum, or franktenement, is defined by Britton to be "the poeion of the oil by a free-man." And St. Germyn tells us, that "the poeion of the land is called in the law of England the franktenement or freehold." Such etate therefore, and no other, as requires actual poeion of the land, is legally peaking freehold: which actual poeion can, by the coure of the common law, be only given by the ceremony called livery of eiin, which is the ame as the feodal invetiture. And from thee principles we may extract this decription of a freehold; that it is uch an etate in lands as is conveyed by livery of eiin; or, in tenements of an incorporeal nature, by what is equivalent thereto. And accordingly it is laid down by Littleton, that where a freehold hall pas, it behoveth to have livery of eiin. As therefore etates of inheritance and etates for life could not by common law be conveyed without livery of eiin, thee are properly etates of freehold; and, as no other etates were conveyed with the ame olemnity, therefore no others are properly freehold etates.

of freehold then are diviible into etates of inheritance, and etates not of inheritance. The former are again divided into inheritances abolute or fee-imple; and inheritances limited, one pecies of which we uually call fee-tail.

1. in fee-imple (or, as he is frequently tiled, tenant in fee) is he that hath lands, tenements, or hereditaments, to hold to him and his heirs for ever ; generally, abolutely, and imply; without mentioning what heirs, but referring that to his own pleaure, or to the dipoition of the law. The true meaning of the word fee (feodum) is the ame with that of feud or fief, and in it's original ene it is taken in contraditinction to Rh