Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/402

 Rh iders as a chattel interet. For ince, as the commentator on the coutumier oberves, there are two requiites to make a fief or heritage, duration as to time, and immobility with regard to place; whatever wants either of thee qualities is not, according to the Normans, an heritage or fief ; or, according to us, is not a real etate: the conequence of which in both laws is, that it mut be a peronal etate, or chattel.

therefore are ditributed by the law into two kinds; chattels real, and chattels peronal.

1. real, aith ir Edward Coke, are uch as concern, or avour of, the realty; as terms for years of land, wardhips in chivalry (while the military tenures ubited) the next preentation to a church, etates by tatute-merchant, tatute-taple, elegit, or the like; of all which we have already poken. And thee are called real chattels, as being interets iuing out of, or annexed to real etates: of which they have one quality, viz. immobility, which denominates them real; but want the other, viz. a ufficient, legal, indeterminate duration: and this want it is, that contitutes them chattels. The utmot period for which they can lat is fixed and determinate, either for uch a pace of time certain, or till uch a particular um of money be raied out of uch a particular income; o that they are not equal in the eye of the law to the lowet etate of freehold, a leae for another’s life: their tenants were conidered, upon feodal principles, as merely bailiffs or farmers; and the tenant of the freehold might at any time have detroyed their interet, till the reign of Henry VIII. A freehold, which alone is a real etate, and eems (as has been aid) to anwer to the fief in Normandy, is conveyed by corporal invetiture and livery of eiin; which gives the tenant o trong a hold of the land, that it never after can be