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CHAP. VIII.

Of Exchange, Partition, Releafe, and Confirmation.

CHAP. IX.

Of Surrender, Affignment, ana Defeazance.

CHAP. X.

Of a Bond and Recognizance.

CHAP. XI.

Of a Bargain and Sale.

CHAP. XII.

Of a Covenant to stand seised.

CHAP. XIII.

Of a Leafe and Releafe.

CHAP. XIV.

Of Declarations of Ufes.

CHAP. XV.

Of Powers of Revocation and Appointment.

CHAP. XVI.

Of the Execution of Powers.

CHAP. XVII.

Of Powers to make a Jointure.

CHAP. XVIII.

Of Powers to Leafe.

CHAP. XIX.

In what Cafes Equity will fupply a defective Execution

of a Power.

CHAP.

CHAP. XX.

How Powers may be extinguifhed and destroyed.

CHAP. XXI.

Of Registering and Inrolling Deeds.

CHAP. XXII.

How Deeds may be avoided.

CHAP. XXIII.

Of the Conftruction of Deeds.

CHAP. XXIV.

The fame Subject continued.-By what words different
Eftates may be created.

CHAP. XXV.

The fame Subject continued.-Of the Rule in Shelley's

Cafe.

CHAP. XXVI.

The fame Subject continued.-Of Perpetuitics.

CHAP. I.

Of the Origin and Nature of Deeds.

1. Alienation of Land.

8. Statute of Quia Emptores.

12. Fines for Alienation.

16. Different Kinds of Affurances.

§ 18. Of a Deed or Charter.

23. Deed Poll.

24. Indenture.

26 Of an Article or Agreement.

Section 1.

IT is admitted by all our legal writers that an Alienation of unlimited power of alienation existed in England

Lands.

in the time of the Saxons, but upon the fettlement of the Normans, and the establishment of the feudal law, Wright's all landed property became unalienable; and dur

Ten. 154.

ing the reign of William the Conqueror, and that of his fons, the doctrine of nonalienation was, for various reasons, ftrictly enforced. The greater part of the landed property of the kingdom had been distributed among the Norman barons, as ftrict and pure feuds, upon condition of military service; and as a confiderable jealoufy prevailed against all those who were of Saxon origin, left they should attempt to reinftate themselves in their ancient poffeffions, great care was taken during that period, that all the vaffals of the crown, who could alone be depended on, in casfe of any infurrection, fhould be in a fituation to perform their military fervices.

§ 2. The first step towards a liberty of alienation was that by which the tenant was permitted to alien with the confent of his lord. This rule was adopted from the maxims which then prevailed on the Continent, and gave rife to fines for alienation. But in England the tenant could not dispose of his land, even Glanv. lib. 7. with the consent of his lord, unless he had alfo obtained the consent of his next heir; and therefore it was very usual, in ancient feoffments to express that the alienation was made with the confent of the feoffor's heir, and fometimes for the heir to join in the feoffment.

C. I.

Wright 167.
Madox Form.

N° 316.

§ 3. The power of alienation was further extended by a law of Hen. 1. c. 70. which allowed a man to difpofe of lands purchased by himself.-Emptiones

Wilkins 266. vero, vel deinceps acquifitiones fuas det cui magis velit;

fi Bocland habeat, quam ei parentes fui dederunt, non mittat eum extra cognationem fuam.

S4. Glanville has given us a very circumftantial Lib. 7. c. 1. account of the law, as it ftood in the reign of Hen. 2. respecting alienation, from which it appears that the power of difpofing of lands was then confiderably enlarged; and a right of alienation feems to have been foon after extended to all lands which a perfon had himself acquired, provided they had been conveyed to him and his affigns; and alfo to one-fourth of all lands acquired by defcent, without the consent Horne Mir. of the heir.

§ 5. This extenfive power of alienation produced a grievance which was much complained of in those days; the king's greater barons who had a large extent of territory, held under the crown, had frequently granted out smaller manors, to inferior persons, to be held of themselves. In imitation whereof, those inferior lords began to carve out and grant to others ftill more minute eftates, to be held of themselves; and were fo proceeding downwards in infinitum, till the superior lords observed that by this method of subinfeudation, they loft all their feudal profits, their wardfhips, marriages, efcheats, &c. which fell into the hands of these mesne or middle lords. Besides, the mefne lords were by this means lefs able to perform their military services.

§ 6. This caused an article to be inferted in the Magna Charta of Hen. 3. c. 32. by which the subinfeudation

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