tenanced by the feodal conſtitutions themſelves[1]: but he was not allowed to ſell the whole of his own acquirements, ſo as totally to diſinherit his children, any more than he was at liberty to aliene his paternal eſtate[2]. Afterwards a man ſeems to have been at liberty to part with all his own acquiſitions, if he had previouſly purchaſed to him and his aſſigns by name; but, if his aſſigns were not ſpecified in the purchaſe deed, he was not empowered to aliene[3]: and alſo he might part with one fourth of the inheritance of his anceſtors without the conſent of his heir[4]. By the great charter of Henry III[5], no ſubinfeudation was permitted of part of the land, unleſs ſufficient was left to anſwer the ſervices due to the ſuperior lord, which ſufficiency was probably interpreted to be one half or moiety of the land[6]. But theſe reſtrictions were in general removed by the ſtatute of quia emptores[7], whereby all perſons, except the king's tenants in capite, were left at liberty to aliene all or any part of their lands at their own diſcretion[8]. And even theſe tenants in capite were by the ſtatute I Edw. III. c. 12. permitted to aliene, on paying a fine to the king[9]. By the temporary ſtatutes 11 Hen. VII. c. 3. and 3 Hen. VIII. c. 4. all perſons attending the king in his wars were allowed to aliene their lands without licence, and were relieved from other feodal burdens. And, laſtly, theſe very fines for alienations were, in all caſes of freehold tenure, entirely aboliſhed by the ſtatute 12 Car. II. c. 24. As to the power of charging lands with the debts of the owner, this was introduced ſo early as ſtatute Weſtm. 2. which[10] ſubjected a moiety of the tenant's lands to executions, for debts recovered by law; as the whole of them was likewiſe ſubjected to be pawned in a ſtatute merchant by the ſtatute de mercatoribus, made the ſame year, and in a ſtatute ſtaple by ſtatute 27 Edw. III. c. 9. and in other ſimilar recognizances
- ↑ Feud. l. 2. t. 39.
- ↑ Si queſtum tantum habuerit is, qui partem terrae ſuae donare voluerit, tunc quidem hoc ei licet; ſed non totum queſtum, quia non poteſt filium ſuum haeredem exhaeredare. Glanv. l. 7. c. 1.
- ↑ Mirr. c. 1. §. 3. This is alſo borrowed from the feodal law. Feud. l. 2. t. 48.
- ↑ Mirr. ibid.
- ↑ 9 Hen. 3. c. 32.
- ↑ Dalrymple of feuds. 95.
- ↑ 18 Edw. I. c. 1.
- ↑ See pag. 72.
- ↑ 2 Inſt. 67.
- ↑ 13 Edw. I. c. 18.
