The  history  of  the  gradual  decline  of  the  feudal  restraints  in
England;  upon  alienation,  from  the  reign  of  Henry  I.,  when  the
earliest  innovations  were  made  upon  them,  down  to  the  final  re-
covery of  the  full  and  free  exercise  of  the  right  of  disposition,

(a)  The  alienation  of  hodand  was  prohibited  by  a  law  of  Alfred,  if  it  de-
scended from  one's  ancestors,  and  the  ancestor  had  imposed  that  condition.
L.  L.  Alfred,  c  37.  Lombard^s  ArcK  31.  Sir  Henry  Spelman  says,  that
hocland  was  hereditary,  and  conld  not  be  conveyed  from  the  heir  withont
his  consent,  though  that  testriction  was  finally  removed;  nor  conld  it  be  de-
vised by  will.  It  was  the /o/dancf  that  was  alienable  and  devisable,  and  was
in  the  nature  of  allodial  property.  Spelman* s  Olasaary,  voce  Bockland  and
Folcland.    The  former  was  held  by  writing.
[h)  See  supra,  p.  377,  378,  and  the  notes  ibid.
[c)  2  Feud.  lib.  2,  tit.  39.
468


s


Lee  LXVII.]  OF  BEAL  PROPERTY.  *  444

forms  aa  interestiDg  yiew  of  the  progress  of  society.  Some
notice  of  this  subject  was  taken  in  a  former  volume  (a);  and
though  the  feudal  restrictions  upon  alienations  neyer  followed
the  emigration  of  our  ancestors  across  the  i^tlantic,  we  may  well
pause  a  moment  upon  this  ancient  learning.  Our  sympathies  are
naturally  excited,  in  a  review  of  the  subtle  contrivances,  the  re-
solute struggles,  the  undiverted  perseverance,  and  final  and  com-
plete success,  which  accompanied  the  efforts  of  the  English  nation,
in  the  early  periods  of  their  history,  to  break  down  the  stern
policy  of  feudal  despotism',  and  to  regain  the  use  and  control  of
their  own  property,  as  being  one  of  the  inherent  rights  of  man-
kiod.
