Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/335

 Ch. 20. And corporations aggregate might have made what etates they pleaed, without the confirmation of any other peron whatoever. Whereas now, by everal tatutes, this power where it was unreaonable, and might be made an ill ue of, is retrained; and, where in the other caes the retraint by the common law eemed too hard, it is in ome meaure removed. The former tatutes are called the retraining, the latter the enabling tatute. We will take a view of them all, in order of time.

, firt, the enabling tatute, 32 Hen. VIII. c. 28. empowers three manner of perons to make leaes, to endure for three lives or one and twenty years, which could not do o before. As, firt, tenant in tail, may by uch leaes bind his iue in tail, but not thoe in remainder or reverion. Secondly, a huband eied in right of his wife, in fee-imple or fee-tail, provided the wife joins in uch leae, may bind her and her heirs thereby. Latly, all perons eied of an etate of fee-imple in right of their churches, except parons and vicars, may (without the concurrence of any other peron) bind their ucceors. But then there mut many requiites be oberved, which the tatute pecifies, otherwie uch leaes are not binding. 1. The leae mut be by indenture; and not by deed poll, or by parol. 2. It mut begin from the making, or day of the making, and not at any greater ditance of time. 3. If there be any old leae in being, it mut be firt abolutely urrendered, or be within a year of expiring. 4. It mut be either for twenty one years, or three lives; and not for both. 5. It mut not exceed the term of three lives, or twenty one years, but maybe for a horter term. 6. It mut be of corporeal hereditaments, and not of uch things as lie merely in grant; for no rent can be reerved thereout by the common law, as the leor cannot reort to them to ditrein. 7. It mut be of Rh