it, or even if he actually conſents, the feme-covert herſelf may, after the death of her huſband, waive or diſagree to the ſame: nay, even her heirs may waive it after her, if ſhe dies before her huſband, or if in her widowhood ſhe does nothing to expreſs her conſent or agreement[1]. But the conveyance or other contract of a feme-covert (except by ſome matter of record) is abſolutely void, and not merely voidable[2]; and therefore cannot be affirmed or made good by any ſubſequent agreement.
The caſe of an alien born is alſo peculiar. For he may purchaſe any thing; but after purchaſe he can hold nothing, except a leaſe for years of a houſe for convenience of merchandize, in caſe he be an alien-friend: all other purchaſes (when found by an inqueſt of office) being immediately forfeited to the king[3].
Papists, laſtly, and perſons profeſſing the popiſh religion, are by ſtatute 11 & 12 W. III. c.4. diſabled to purchaſe any lands, rents, or hereditaments; and all eſtates made to their uſe, or in truſt for them, are void. But this ſtatute is conſtrued to extend only to papiſts above the age of eighteen; ſuch only being abſolutely diſabled to purchaſe: yet the next proteſtant heir of a papiſt under eighteen ſhall have the profits, during his life; unleſs he renounces his errors within the time limited by law[4].
II. We are next, but principally, to enquire, how a man may aliene or convey; which will lead us to conſider the ſeveral modes of conveyance.
In conſequence of the admiſſion of property, or the giving a ſeparate right by the law of ſociety to thoſe things which by the law of nature were in common, there was neceſſarily ſome means to be deviſed, whereby that ſeparate right or excluſive property ſhould be originally acquired; which, we have more than once obſerved, was that of occupancy or firſt poſſeſſion. But this poſ-
