(2) CHAP. VIII. Bond, and Recognizance. CHAP. IX. CHAP. X. Covenant to stand seised. CHAP. XI. Lease and Release. CHAP. XII. Declaration of Uses. CHAP. XIII. Powers of Revocation and Appointment. CHAP. XIV. Powers to Jointure. CHAP. XV. Powers to Lease. CHAP. XVI. Execution of Powers. CHAP. XVII. Where Equity will support a defective Execution CHAP. XVIII. How Powers are extinguished and destroyed. CHAP. XIX. Construction of Deeds. CHAP. XX. Construction-formal Parts of a Deed. CHAP. XXI. Construction by what words different Estates may be created. CHAP. XXII. Construction-Rule in Shelley's Case. CHAP. XXIII. CHAP. XXIV. Construction-Reddendum, Condition, and Warranty. CHAP. XXV. Construction-Covenants. CHAP. XXVI. How Deeds may be avoided. CHAP. XXVII. What Deeds are void as to Creditors and Purchasers. Alienation of lands. SECTION 1. HE third mode of acquiring an estate by pur THE chase, is alienation; under which is comprised every method whereby estates are voluntarily resigned by one person, and accepted by another. Lord Coke Inst. 118. b. says, the word alienation is derived from alienare, id est, alienum facere; vel ex nostro dominio in alienum transferre, sive rem aliquam in dominium alterius transferre. 2. It is admitted by all our legal writers, that an unlimited power of alienation existed in England, in the time of the Saxons. That upon the settlement of Wright's Ten. the Normans, and the establishment of the feudal law, all lands became unalienable; and that during the reigns of William I. and his sons, the doctrine of nonalienation was, for various reasons, strictly enforced. 154. § 1. 3. The greater part of the lands throughout the kingdom had been distributed among the Norman barons, as strict and proper feuds, upon condition of Dissert. c. 2. military service; and as a considerable jealousy prevailed against all those who were of Saxon origin, lest they should attempt to reinstate themselves in their ancient possessions; great care was taken, during that period, that all the vassals of the crown, who could alone be depended on, in case of any insurrection, should be in a situation to perform their military services. Glanv. lib. 7. Mad. Form. Wright, 167, 4. The first step towards a liberty of alienation was that by which the tenant was permitted to alien, with the consent of his lord. This law was adopted from the maxims which then prevailed on the Continent; and gave rise to fines for alienation. But in England the tenant could not dispose of his land, even with the consent of his lord, unless he had also obtained that of his next heir. It was therefore common, in ancient feoffments, to express that the alienation was made, with the consent of the feoffor's heir. 5. The power of alienation was farther extended by |