Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/173

 Ch. 10. by elegit. What an elegit is, and why o called, will be explained in the third part of thee commentaries. At preent I need only mention, that it is the name of a writ, founded on the tatute of Wetm. 2. by which, after a plaintiff has obtained judgment for his debt at law, the heriff gives him poeion of one half of the defendant's lands and tenements, to be held, occupied, and enjoyed, until his debt and damages are fully paid: and, during the time he o holds them, he is called tenant by elegit. It is eay to oberve, that this is alo a mere conditional etate, defealible as oon as the debt is levied. But it is remarkable, that the feodal retraints of alienating lands, and charging them with the debts of the owner, were oftened much earlier and much more effectually for the benefit of trade and commerce, than for any other conideration. Before the tatute of quia emptores, it is generally thought that the proprietor of lands was enabled to alienate no more than a moiety of them: the tatute therefore of Wetm. 2. permits only o much of them to be affected by the proces of law, as a man was capable of alienating by his own deed. But by the tatute de mercatoribus (paed in the ame year ) the whole of a man's lands was liable to be pledged in a tatute merchant, for a debt contracted in trade; though only half of them was liable to be taken in execution for any other debt of the owner.

conclude what I had to remark of thee etates, by tatute merchant, tatute taple, and elegit, with the obervation of ir Edward Coke. "Thee tenants have uncertain interets in lands and tenements, and yet they have but chattels and no freeholds;" (which makes them an exception to the general rule) "becaue though they may hold an etate of inheritance, or for life, ut liberum tenementum, until their debt be paid; yet it hall go to their executors: for ut is imilitudinary; and though, to recover their etates, they hall have the ame remedy (by aie) as a tenant of the freehold hall have, yet it is but Rh