Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/288

 272 while the eiin of the land remained in the nominal feoffee: who was held by the courts of equity (then under the direction of the clergy) to be bound in concience to account to his cetuy que ue for the rents and emoluments of the etate. And it is to thee inventions that our practiers are indebted for the introduction of ues and truts, the foundation of modern conveyancing. But, unfortunately for the inventors themelves, they did not long enjoy the advantage of their new device, for the tatute 15 Ric. II. c. 5. enacts, that the lands which had been o purchaed to ues hould be amortied by licence from the crown, or ele be old to private perons; and that, for the future, ues hall be ubject to the tatutes of mortmain, and forfeitable like the lands themelves. And whereas the tatutes had been eluded by purchaing large tracts of land, adjoining to churches, and conecrating them by the name of church-yards, uch ubtle imagination is alo declared to be within the compas of the tatutes of mortmain. And civil or lay corporations, as well as eccleiatical, are alo declared to be within the michief, and of coure within the remedy provided by thoe alutary laws. And, latly, as during the times of popery lands were frequently given to upertitious ues, though not to any corporate bodies; or were made liable in the hands of heirs and deviees to the charge of obits, chaunteries, and the like, which were equally pernicious in a well-governed tate as actual alienations in mortmain; therefore, at the dawn of the reformation, the tatute 23 Hen. VIII. c. 10. declares, that all future grants of lands for any of the purpoes aforeaid, if granted for any longer term than twenty years, hall be void.

, during all this time, it was in the power of the crown, by granting a licence of mortmain, to remit the forfeiture, o far as related to it's own rights; and to enable any piritual or other corporation to purchae and hold any lands or tenements in perpetuity: which prerogative is declared and confirmed by the tatute 18 Edw. III. t. 3. c. 3. But, as doubts were conceived at the time of the revolution how far uch licence was valid, ince Rh