Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/130

 118 finding them frequently re-ettled in a imilar manner to uit the convenience of families, had addres enough to procure a tatute, whereby all etates of inheritance (under which general words etates-tail were covertly included) are declared to be forfeited to the king upon any conviction of high treaon.

next attack which they uffered, in order of time, was by the tatute 32 Hen. VIII. c. 28. whereby certain leaes made by tenants in tail, which do not tend to the prejudice of the iue, were allowed to be good in law, and to bind the iue in tail. But they received a more violent blow, in the ame eion of parliament, by the contruction put upon the tatute of fines, by the tatute 32 Hen. VIII. c. 36. which declares a fine duly levied by tenant in tail to be a complete bar to him and his heirs, and all other perons, claiming under uch entail. This was evidently agreeable to the intention of Henry VII, whoe policy it was (before common recoveries had obtained their full trength and authority) to lay the road as open as poible to the alienation of landed property in order to weaken the overgrown power of his nobles. But as they, from the oppoite reaons, were not eaily brought to conent to uch a proviion, it was therefore couched, in his act, under covert and obcure expreions. And the judges, though willing to contrue that tatute as favourably as poible for the defeating of entailed etates, yet heitated at giving fines o extenive a power by mere implication, when the tatute de donis had exprely declared, that they hould not be a bar to etates-tail. But the tatute of Henry VIII, when the doctrine of alienation was better received, and the will of the prince more implicitly obeyed than before, avowed and etablihed that intention. Yet, in order to preerve the property of the crown from any danger of infringement, all etates-tail created by the crown, and of which the crown has the reverion, are excepted out of this tatute. And the ame was done with regard to common recoveries, by the tatute 34 & 35 Hen. VIII. c. 20. which enacts, that no eigned recovery had againt tenants Rh