Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/305

 Ch. 19. tenanced by the feodal contitutions themelves : but he was not allowed to ell the whole of his own acquirements, o as totally to diinherit his children, any more than he was at liberty to aliene his paternal etate. Afterwards a man eems to have been at liberty to part with all his own acquiitions, if he had previouly purchaed to him and his aigns by name; but, if his aigns were not pecified in the purchae deed, he was not empowered to aliene : and alo he might part with one fourth of the inheritance of his ancetors without the conent of his heir. By the great charter of Henry III, no ubinfeudation was permitted of part of the land, unles ufficient was left to anwer the ervices due to the uperior lord, which ufficiency was probably interpreted to be one half or moiety of the land. But thee retrictions were in general removed by the tatute of quia emptores, whereby all perons, except the king's tenants in capite, were left at liberty to aliene all or any part of their lands at their own dicretion. And even thee tenants in capite were by the tatute I Edw. III. c. 12. permitted to aliene, on paying a fine to the king. By the temporary tatutes 11 Hen. VII. c. 3. and 3 Hen. VIII. c. 4. all perons attending the king in his wars were allowed to aliene their lands without licence, and were relieved from other feodal burdens. And, latly, thee very fines for alienations were, in all caes of freehold tenure, entirely abolihed by the tatute 12 Car. II. c. 24. As to the power of charging lands with the debts of the owner, this was introduced o early as tatute Wetm. 2. which ubjected a moiety of the tenant's lands to executions, for debts recovered by law; as the whole of them was likewie ubjected to be pawned in a tatute merchant by the tatute de mercatoribus, made the ame year, and in a tatute taple by tatute 27 Edw. III. c. 9. and in other imilar recognizances Rh