Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/306

 290 by tatute 23 Hen. VIII. c. 6. And, now, the whole of them is not only ubject to be pawned for the debts of the owner, but likewie to be abolutely old for the benefit of trade and commerce by the everal tatutes of bankruptcy. The retraint of deviing lands by will, except in ome places by particular cutom, lated longer; that not being totally removed, till the abolition of the military tenures. The doctrine of attornments continued till later than any of the ret, and became extremely troubleome, though many methods were invented to evade them; till, at lat, they were made no longer neceary, by tatutes 4 & 5 Ann. c. 16. and 11 Geo. II. c. 19.

examining the nature of alienation, let us firt enquire, briefly, who may aliene and to whom; and then, more largely, how a man may aliene, or the everal modes of conveyance.

I. may aliene, and to whom; or, in other words, who is capable of conveying and who of purchaing. And herein we mut conider rather the incapacity, than capacity, of the everal parties: for all perons in poeion are, prima facie, capable both of conveying and purchaing, unles the law has laid them under any particular diabilities. But, if a man has only in him the right of either poeion or property, he cannot convey it to any other, left pretended titles might be granted to great men, whereby jutice might be trodden down, and the weak oppreed. Yet reverions and veted remainders may be granted; becaue the poeion of the particular tenant is the poeion of him in reverion or remainder: but contingencies, and mere poibilities, though they may be releaed, or devied by will, or may pas to the heir or executor, yet cannot (it hath been aid) be aigned to a tranger, unles coupled with ome preent interet.

attainted of treaon, felony, and praemunire, are incapable of conveying, from the time of the offence committed, Rh