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Front Page  Titles (by Subject) Section 11 Fee Simple - Selected Writings of Sir Edward Coke, vol. II
Section 11 Fee Simple - Sir Edward Coke, Selected Writings of Sir Edward Coke, vol. II [1606]Edition used:The Selected Writings and Speeches of Sir Edward Coke, ed. Steve Sheppard (Indianapolis: Liberty Fund, 2003). Vol. 2.
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- II: Coke’s Speech and Charge At the Norwich Assizes
- (preface, Written By Robert Prickett)
- The Lord Coke, the Preface to His Charge Given At the Assises Houlden In Norwich, the Fourth of August, 1606.
- ¶ Here Followeth the Words of His Charge In Order.
- III: Excerpts From the Small Treatises
- A. Book of Entries
- The Preface of Sr. Edward Coke, Knight Lord Chiefe Justice of England of Pleas Before the King Himselfe to Be Holden Assigned, and One of the Lords of His Majesties Most Honorable Privie Councell.
- B. the Compleat Copyholder
- Sec. XXXIII.
- C. Little Treatise On Baile and Mainprize
- The Conclusion With Advertisment.
- IV: Excerpts From the Institutes
- A. the First Part of the Institutes
- The Preface.
- Section 1 Fee Simple
- Section 2 Fee Simple
- Section 3 Fee Simple
- Section 4 Fee Simple
- Section 5 Fee Simple
- Section 7 Fee Simple
- Section 8 Fee Simple
- Section 9 Fee Simple
- Section 10 Fee Simple
- Section 11 Fee Simple
- Section 12 Fee Simple
- Section 21 Fee Tail, Part 2
- Section 69 Tenant At Will, Part 2
- Section 80 Tenant By the Verge, Part 3
- Section 96 Escuage, Part 2
- Section 108 Knight’s Service, Part 6
- Section 138 Frankalmoin, Part 5
- Section 170 Tenure In Burgage, Part 9
- Section 199 Villenage, Part 18
- Section 342 Conditional Estates, Part 17
- Section 366 Conditional Estates, Part 41
- Section 372 Conditional Estates, Part 47
- Section 412 Descents, Part 27
- Section 464 Releases, Part 20
- Section 481 Releases, Part 37
- Section 723 Warranty, Part 30
- Section 728 Fee Warranty, Part 35
- Epilogue
- B. the Second Part of the Institutes
- Deo, Patriae, Tibi.
- Magna Charta,
- C. The Third Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of High Treason.
- Cap. II. of Petit Treason.
- Cap. III. of Misprision of Treason.
- | Cap. IV. Felony By Compassing Or Conspiring to Kill the King, Or Any Lord Or Other, of the Kings Counsell.
- Cap. V. of Heresie.
- | Cap. VI. of Felony By Conjuration, Witchcraft, Sorcery, Or Inchantment.
- | Cap. Lxii. of Indictments.
- D. The Fourth Part of the Institutes
- Deo, Patriae, Tibi.
- Cap. I. of What Persons This Court Consisteth.
- Cap. VII. the Court of Kings Bench, Coram Rege. 1
Section 11
Fee Simple
And note that a man cannot have a more large or greater estate of inheritance than Fee simple. This doth extend as well to Fee simples conditionall & qualified as to Fee simples pure and absolute. For our Author, speaketh here of the amplenesse and greatness of the estate, and not of the perdurableness of the same. And he that hath a Fee simple conditionall or qualified, hath as ample and great an estate as hee that hath a Fee simple absolute, so as the diversitie apeareth between the quantitie and qualitie of the estate.
From this state in Fee simple, estates in taile, and all other particular estates are derived, and therefore worthily our Author beginneth his first Book with Tenant in Fee simple, for à principalioribus seu dignioribus est inchoandum.
“cannot have a more large or greater estate.”
For this cause two (a) Fee simples absolute cannot be of one and the selfesame land. If the King make a gift in taile, and the Donee is attainted of treason, in this case the King hath not two simples in him, viz. the ancient reversion in Fee, & A Fee simple determinable upon the dying without issue of Tenant in taile, but both of them are consolidated and conjoyned together, and so it is if such a Tenant in taile both convey the land to the King his heires and successors, the King hath but one estate in Fee simple united in him, and the Kings grant of one estate is good, and so was it adjudged in the Court of Common Pleas. And yet in severall persons by act in Law, a reversion may bee in Fee simple in one, and a Fee simple determinable in another by matter Ex post facto; as if a gift in taile made to a Villeine, and the Lord enter, the Lord hath a Fee simple qualified, and the Donor a reverssion in fee, but if the Lord infeoffe the Donor, now both Fee simples are united, and he hath but one Fee simple in him: but one Fee simple cannot depend upon another by the grant of the partie, as if lands be given to A. so long as B. hath heires of his body the remainder over in fee, the remainder is voyd.
[Ed.: One should begin with the principal or more worthy matters.]
(a) Pl. Com. 3 9. &c 248. 19. H. 8. Dier 4. 29. H. 8. Dier 33. 16. Eliz. Dier 330. 2. Marie Dier 107. Austens case. Pa. 33. Eliz. Rot. 108. In Quar. imp. between the Queene Pl. and the Bishop of Lincolne, Hussey and others Def. 15. E. 4. 6. 8.
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