in tail, where the eſtate was created by the crown[1], and the remainder or reverſion continues ſtill in the crown, ſhall be of any force or effect. Which is allowing, indirecty and collaterally, their full force and effect with reſpect to ordinary eſtates-tail, where the royal prerogative is not concerned.
Lastly, by a ſtatute of the ſucceeding year[2], all eſtates-tail are rendered liable to be charged for payment of debts due to the king by record or ſpecial contract; as, ſince, by the bankrupt laws[3], they are alſo ſubjected to be ſold for the debts contracted by a bankrupt. And, by the conſtruction put on the ſtatute 43 Eliz. c. 4. an appointment[4] by tenant in tail of the lands entailed, to a charitable uſe, is good without fine or recovery.
Estates-tail, being thus by degrees unfettered, are now reduced again to almoſt the ſame ſtate, even before iſſue born, as conditional fees were in at common law, after the condition was performed, by the birth of iſſue. For, firſt, the tenant in tail is now enabled to aliene his lands and tenements by fine, by recovery, or by certain other means; and thereby to defeat the intereſt as well of his own iſſue, though unborn, as alſo of the reverſioner, except in the caſe of the crown: ſecondly, he is now liable to forfeit them for high treaſon: and, laſtly, he may charge them with reaſonable leaſes, and alſo with ſuch of his debts as are due to the crown on ſpecialties, or have been contracted with his fellow-ſubjects in a courſe of extenſive commerce.
