by ſtatute 23 Hen. VIII. c. 6. And, now, the whole of them is not only ſubject to be pawned for the debts of the owner, but likewiſe to be abſolutely ſold for the benefit of trade and commerce by the ſeveral ſtatutes of bankruptcy. The reſtraint of deviſing lands by will, except in ſome places by particular cuſtom, laſted longer; that not being totally removed, till the abolition of the military tenures. The doctrine of attornments continued ſtill later than any of the reſt, and became extremely troubleſome, though many methods were invented to evade them; till, at laſt, they were made no longer neceſſary, by ſtatutes 4 & 5 Ann. c. 16. and 11 Geo. II. c. 19.
In examining the nature of alienation, let us firſt enquire, briefly, who may aliene and to whom; and then, more largely, how a man may aliene, or the ſeveral modes of conveyance.
I. Who may aliene, and to whom; or, in other words, who is capable of conveying and who of purchaſing. And herein we muſt conſider rather the incapacity, than capacity, of the ſeveral parties: for all perſons in poſſeſſion are, prima facie, capable both of conveying and purchaſing, unleſs the law has laid them under any particular diſabilities. But, if a man has only in him the right of either poſſeſſion or property, he cannot convey it to any other, left pretended titles might be granted to great men, whereby juſtice might be trodden down, and the weak oppreſſed[1]. Yet reverſions and veſted remainders may be granted; becauſe the poſſeſſion of the particular tenant is the poſſeſſion of him in reverſion or remainder: but contingencies, and mere poſſibilities, though they may be releaſed, or deviſed by will, or may paſs to the heir or executor, yet cannot (it hath been ſaid) be aſſigned to a ſtranger, unleſs coupled with ſome preſent intereſt[2].
Persons attainted of treaſon, felony, and praemunire, are incapable of conveying, from the time of the offence committed,
