Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/273

 Ch. 15. faileth. This is indeed founded upon the elf-ame principle as the law of echeat; the heirs of the donor being only ubtituted intead of the chief lord of the fee: which was formerly very frequently the cae in ubinfeudations, or alienations of lands by a vaal to be holden as of himelf; till that practice was retrained by the tatute of quia emptores, 18 Edw. I. t. 1. to which this very ingular intance till in ome degree remains an exception.

is one more incapacity of taking by decent, which, not being productive of any echeat, is not properly reducible to this head, and yet mut not be paed over in ilence. It is enacted by the tatute 11 & 12 Will. III. c. 4. that every papit who hall not abjure the errors of his religion by taking the oaths to the government, and making the declaration againt tranubtantiation, within ix months after he has attained the age of eighteen years, hall be incapable of inheriting, or taking, by decent as well as purchae, any real etates whatoever; and his next of kin, being a protetant, hall hold them to his own ue till uch time as he complies with the terms impoed by the act. This incapacity is merely peronal; it affects himelf only, and does not detroy the inheritable quality of his blood, o as to impede the decent to others of his kindred. In like manner as, even in the times of popery, one who entered into religion and became a monk profeed was incapable of inheriting lands, both in our own and the feodal law; eo quod deiit ee miles eculi qui factus et miles Chriti; nec beneficium pertinet ad eum qui non debet gerere officium. But yet he was accounted only civiliter mortuus; he did not impede the decent to others, but the next heir was entitled to his or his ancetor's etate.

are the everal deficiencies of hereditary blood, recognized by the law of England; which, o often as they happen, occaion lands to echeat to the original proprietary or lord. Rh