Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/354

 338 12. pecies of conveyance, called a covenant to tand eied to ues: by which a man, eied of lands, covenants in conideration of blood or marriage that he will tand eied of the ame to the ue of his child, wife, or kinman; for life, in tail, or in fee. Here the tatute executes at once the etate; for the party intended to be benefited, having thus acquired the ue, is thereby put at once into corporal poeion of the land, without ever eeing it, by a kind of parliamentary magic. But this conveyance can only operate, when made upon uch weighty and intereting coniderations as thoe of blood or marriage.

13. pecies of conveyance, introduced by this tatute, is that of a bargain and ale of lands; which is a kind of a real contract, whereby the bargainor for ome pecuniary conideration bargains and ells, that is, contracts to convey, the land to the bargainee; and becomes by uch bargain a trutee for, or eied to the ue of, the bargainee; and then the tatute of ues completes the purchae : or, as it has been well expreed, the bargain firt vets the ue, and then the tatute vets the poeion. But as it was foreeen that conveyances, thus made, would want all thoe benefits of notoriety, which the old common law aurances were calculated to give; to prevent therefore clandetine conveyances of freeholds, it was enacted in the ame eion of parliament by tatute 27 Hen. VIII. c. 16. that uch bargains and ales hould not enure to pas a freehold, unles the ame be made by indenture, and enrolled within ix months in one of the courts of Wetminter-hall or with the cutos rotulorum of the county. Clandetine bargains and ales of chattel interets, or leaes for years, were thought not worth regarding, as uch interets were very precarious till about ix years before ; which alo occaioned them to be overlooked in framing the tatute of ues: and therefore uch bargains and ales are not directed to be enrolled. But how impoible is it to foreee, and Rh