Page images
PDF
EPUB

What attain

ment.

an attainder

shall be no es

The wife los.

ta inted of

Now concerning what attainders shall which only do hold place in fee-simple lands, there ders shall give give the escheat to the lord; it is to be are also forfeiture of lands to the crown by attainder the escheat to noted, that it must either be by judgthe lord.

of treason; as namely, if one that hath

Stat. 26 H. 8. Attainders, ment of death given in some court of entailed lands commit treason, he for1. By judy2. By

record against the felon found guilty by feiteth the profits of the lands for his life to the verdict or con- verdict, or confession of the felony, or fession. 3. By

crown, but not to the lord. outlawry, give it must be by outlawry of him.

And if a man having an estate for Tenant for life the lands to the lord. Of

The outlawry groweth in this sort; life of himself, or of another, commit treason or fe

a man is indicted for felony, being not treason or felony, the whole estate is lony, there by outlawry. in hold, so as he cannot be brought in forfeited to the crown, but no escheat cheat to the

lord. person to appear and to be tried, insomuch that pro to the lord. cess of capias is therefore awarded to the sheriff, But a copyhold, for fee-simple, or for life, is who not finding him, returneth, “non est inventus forfeited to the lord, and not to the crown; and if in balliva mea ;” and thereupon another capias is it be entailed, the lord is to have it during the life awarded to the sheriff; who likewise not finding of the offender only, and then his heir is to have it. him maketh the same return: then a writ called an The custom of Kent is, that Gavelkind land is exigent is directed to the sheriff, commanding him not forfeitable nor escheatable for felony: for they to proclaim him in his county court five several have an old saying ; The father to the bough, and court days, to yield his body; which if the sheriff the son to the plough. do, and the party yield not his body, he is said, by If the husband was attainted, the the default, to be outlawed, the coroners there ad wife was to lose her thirds in cases of eth no dower, judging him outlawed, and the sheriff making the felony and treason, but yet she is no ing the hus

notwithstandreturn of the proclamations, and of the judgment of offender; but at this day it is holden band be atthe coroners upon the backside of the writ. This by statute law, that she loseth them felony. is an attainder of felony, whereupon the offender not for the husband's felony. The reladoth forfeit his lands by an escheat to the lord of tion of these forfeits are these: whom they are holden.

1. That men attainted of felony or

Attainder in

felony or trea But note, that a man found guilty of treason, by verdict or confession, do son by verPrayerrof the felony by verdict or confession, and

dict, contes forfeit all the lands they had at the

sion, or outpraying his clergy, and thereupon read time of their offence committed ; and lawry, forleiting as a clerk, and so burnt in the hand and dis the king or the lord, whosoever of bad from the charged, is not attainted; because he by his clergy them hath the escheat or forfeiture, preventeth the judgment of death, and is called a shall come in and avoid all leases, sta. mitted. clerk convict, who loseth not his lands, but all his tutes, or conveyances done by the of. And so it is goods, chattels, leases, and debts.

fender, at any time since the offence upon an at

tainder of outman indicted, that will not done. And so is the law clear also, if lawry; other

answer nor put himself upon trial, al a man be attainted for treason by outfeiteth no though he be by this to have judgment lawry : but upon attainder of felony by by verdict, lands, except for treason.

of pressing to death, yet he doth forfeit outlawry, it hath been much doubted and outlawry, no lands, but goods, chattels, leases, and by the law-books, whether the lord's as to their re

lation for the debts, except his offence be treason, and then he title by escheat shall relate back to the forfeiture of forfeiteth his lands to the crown.

time of the offence done, or only to the goods and So a man that killeth himself shall He that kill

date of teste of the writ of exigent for not lose his lands, but his goods, chat proclamation, whereupon he is outlawed: how beit forfeiteth but tels, leases, and debts. his chattels

So of those at this day it is ruled, that it shall reach back to the that kill others in their own defence, time of the fact ; but for goods, chattels, and debts, or by misfortune.

the king's title shall look no farther back than to A man that being pursued for felony, those goods, the party attainted by verdict or conFlying for felony, a for and flieth for it, loses his goods for his fession had at the time of the verdict and confession goods.

flying, although he return and is tried, given or made, and in outlawries at the time of the

and found not guilty of the fact. exigent, as well in treasons as felonies: wherein it He that yield So a man indicted for felony, if he is to be observed, that upon the party's first appreeth his body yield not his body to the sheriff until hension, the king's officers are to seize

The king's of gent for felo

after the exigent of proclamation is all the goods and chattels, and preserve ficers to seize ny forfeiteth his goods. awarded against him, this man doth them together, dispending only so much a felon's goods

forfeit all his goods for his long stay, out of them, as is fit for the sustentaalthough he be not found guilty of the felony ; but tion of the person in prison, without any wasting, or none is attainted to lose his lands, but only such as disposing of them until conviction; and then the have judgments of death by trial upon verdict, or property of them is in the crown, and not before. their own confession, or that they be by judgment

It is also to be noted, that persons A person atof the coroners outlawed, as before.

attainted for felony or treason have no tainted may Lands entail.

Besides the escheats of lands to the capacity in them to take, obtain, or it shall be to ed escheat to lords of whom they be holden, for lack purchase, save only to the use of the the king's use.

of heirs, and by attainder for felony, I king, until the party be pardoned. Yet the party

time of the oflence com

So a

He that standeth mute for

wise it is in the attainder

eth himself

feiture of

treason.

chattels and forfeitable.

par

the heir be.

those lands.

able.

not to be sold

extended at a

veyance di

1. Estates in fee. 2. In tail. 3. For life.

There can be getteth not back his lands or goods ment in any court of record, statute the poter beard. no restitution without a special patent of restitution, merchant, statute staple, recognisances; and lands are in blood without act of which cannot restore the blood without which being upon statutes, are called liament; but

an act of parliament. So if a man have tenants by statute merchant, or staple, a pardon enableth a man to a son, and then is attainted of felony the other tenants by elegit, and by wardship of purchase, and

or treason, and pardoned, and pur body and lands; for all these are called chattels gotten after chaseth lands, and then hath issue an- real, and go to the executors and administrators, shall inherit

other son, and dieth ; the son he had and not to the heirs; and are saleable and forfeit

before he had his pardon, although he able as leases for years are. be his eldest son, and the patent have the words of 2. Leases for lives are also called Lease for life restitution to his lands, shall not inherit, but his freeholds: they may also be made by how forfeitsecond son shall inherit them, and not the first; word or writing. There must be livery because the blood is corrupted by the attainder, and and seisin given at the making of the lease by him, cannot be restored by patent alone, but by act of whom we call the lessor ; who cometh to the door, parliament. And if a man have two sons, and the backside, or garden, if it be a house, if not, then to eldest is attainted in the life of his father, and dieth some part of the land, and there he expresseth, that without ue, the father living, the second son shall he doth grant unto the ker, called the lessee, for inherit the father's lands; but if the eldest son have term of his life; and in seisin thereof, he delivereth any issue, though he die in the life of his father, to him a turf, twig, or ring of the door : and if the then neither the second son, nor the issue of the lease be by writing, then commonly eldest, shall inherit the father's lands, but the father there is a note written on the backside Indorsement

. shall there be accounted to die without heir ; and of the lease, with the names of those the land shall escheat, whether the eldest son have witnesses who were present at the time of the livery issue or not, afterwards or before, though he be of seisin made. This estate is not salepardoned after the death of his father.

able by the sheriff for debt, but the Lease for life

land is to be extended for a yearly by the sheriff Property of

IV. Property of lands by conveyance value, to satisfy the debt. It is not for debt, but land by con

is first distributed into estates for years, forfeitable by outlawry, except in cases yearly value. vided into, for life, in tail, and fee-simple.

of felony, nor by any of the means These estates are created by word, before mentioned, of leases for years ; saving in an 4. For years. by writing, or by record.

attainder for felony, treason, premunire, and then 1. For estates of years, which are commonly only to the crown, and not to the lords by escheat. called leases for years, they are thus made : where And though a nobleman or other

A man that the owner of the land agreeth with the other by have liberty by charter, to have all hath bona word of mouth, that the other shall have, hold, and felons' goods ; yet a tenant holding for ter, shall not enjoy the land, to take the profits thereof for a time term of life, being attainted of felony, have the certain of years, months, weeks, or days, agreed doth forfeit unto the king, and not to lease for life

be attainted. between them; and this is called a lease parole ; this nobleman. such a lease may be made by writing poll, or If a man have an estate in lands for indented of demise, grant, and to farm let, and so another man's life, and dieth; this land cannot go also by fine of record; but whether any rent be to his heir, nor to his executors, but to the party reserved or no, it is not material. Unto these that first entereth; and he is called an

Occupant. leases * there may be annexed such occupant; as before hath been declared. • Leases for

exceptions, conditions, and covenants, A lease for years or for life may be made also by years, they go

as the parties can agree on. They are fine of record, or bargain and sale, or covenant, to to the heirs. called chattels real, and are not inherit- stand seised upon good considerations of marriage, or

able by the heirs, but go to the execu blood; the reasons whereof are hereafter expressed. tors and administrators, and be saleable for debts in 3. Entails of lands are created by a

Of estate tails, the life of the owner, or in the executors' or adminis- gift, with livery and seisin to a man, and how such trators' hands by writs of execution upon statutes, and to the heirs of his body ; this word, be limited recognisances, judgments of debts or damages. body, making the entail, may be demonLeases are to

They be also forfeitable to the crown strated and restrained to the males or females, heirs be forfeited by by outlawry, by attainder for treason, of their two bodies, or of the body of either of them, attainder. 1. felony, or premudire, killing himself, or of the body of the grandfather or father. 2. Felony.

flying for felony, although not guilty of Entails of lands began by a statute 3. Premunire. 4. By killing the fact, standing out, or refusing to be made in Ed. I.'s time, by which also West. 1. made himse... For tried by the county, by conviction of they are so much strengthened, as that in Ed. Its Standing out, felony, by verdict without judgment, the tenant in tail could not put away in tail were so &c. 7. By conviction.

strengthened, petty larceny, or going beyond the sea the land from the heir by any act of

that they 8. Petty larce- without licence.

conveyance or attainder; nor let it, nor ny. 9. Going

feitable by beyond the These are forfeitable to the crown, encumber it, longer than his own life. any attainder.

in like manner as leases for years; But the inconvenience thereof was licence. Ex

The great innamely, interest gotten in other men's great, for by that means the land being convenience stat. staple,

that ensued merchant, or

lands by extending for debt upon judg- so sure tied upon the heir as that his thereof,

to the executors, and not

were not for

sea without

tents upon

those perpe.

tuities.

the crown

VIII. to bar

father could not put it from him, it made the son a lease, or selling a little quillet, forgetting after two to be disobedient, negligent, and wasteful, often or three descents, as often they do, how they are marrying without the father's consent, and to grow tied; the next heir must enter, who peradventure is insolent in vice, knowing that there could be no his son, his brother, uncle, or kinsman; and this check of disinheriting him. It also made the raiseth unkind suits, setting all the

The inconowners of the land less fearful to commit mur kindred at jars, some taking one part, veniencies of ders, felonies, treasons, and manslaughters; for some another, and the principal parties that they knew none of these acts could hurt the wasting their time and money in suits heir of his inheritance. It hindered men that had of law; so that in the end they are both constrained entailed lands, that they could not make the best by necessity to join in a sale of the land, or a great of their lands by fine and improvement, for that part of it, to pay their debts, occasioned through none, upon so uncertain an estate as for term of his their suits. And if the chief of the family, for any own life, would give him a fine of any value, nor good purpose of well seating himself, by selling that lay any great stock upon the land, that might yield which lieth far off, to buy that which is near, or for rent improved.

the advancement of his daughters, or younger sons, The prejudice

Lastly, those entails did defraud the should have reasonable cause to sell, this perpe

crown, and many subjects of their debts ; tuity, if it should hold good, restraineth him. And received thereby

for that the land was not liable longer more than that, where many are owners of inherit

than in his own life-time; which ance of land not entailed, may, during the minority caused that the king could not safely commit any of his eldest son, appoint the profits to go to the office of account to such whose lands were entailed, advancement of the younger sons and daughters, nor other men trust them with loan of money. and

pay debts;

but by entails and perpetuities, the These inconveniencies were all reme owners of these lands cannot do it, but they must The stat. AH; died by acts of parliament; as namely, suffer the whole to descend to the eldest son, and so

32 H.

by acts of parliament later than the to come to the crown by wardship all the time of estates tail by act of entails, made 4 H. VII. 32 H. his infancy. VIII. a tenant in tail may disinherit Wherefore, seeing the dangerous

Query. his son by a fine with proclamation, and may by that times and untowardly heirs, they might Whether it be means also make it subject to his debts and sales. prevent those mischiefs of undoing their better to re;

By a statute made 26 H. VIII. a houses, by conveying the land from these perpe26 H. VIII. 32 H. VIII.

tenant in tail doth forfeit his lands for such heirs, if they were not tied to the alienations, or

treason; and by another act of parlia. stake by those perpetuities, and re- to hazard the ment, 32 H. VIII. he may make leases good against strained from forfeiting to the crown, houses by unhis heir for one and twenty years, or three lives; and disposing it to their own, or to terifty posso that it be not of his chief houses, lands, or de their children's good; therefore it is mesne, or any lease in reversion, nor less rent re worthy of consideration, whether it be better for served than the tenants have paid most part of one the subject and sovereign to have the lands secured and twenty years before, nor have any manner of to men's names and bloods by perpetuities, with all discharge for doing wastes and spoils : by a statute the inconveniencies above mentioned, or to be in

made 33 H. VIII. tenants of entailed hazard of undoing his house by unthrifty posterity. 33 H. VIII.

lands are liable to the king's debts by 4. The last and greatest estate of

extent; and by statutes made 13 and lands is fee-simple, and beyond this privileges ; 1. Not forfeitable 39 Eliz. they are saleable for the ar there is none of the former for lives, in land is feefor felony. 2.

simple. rearages upon his account for his office; years, or entails ; but beyond them is

so that now it resteth, that entailed | fee-simple. For it is the greatest, last, and utterdebts of the party after his lands have two privileges only, which most degree of estates in land; therefore he that death: provi- be these : First, not to be forfeited for maketh a lease for life, or a gift in tail, may appoint clude his next felonies. Secondly, not to be extended a remainder when he maketh another he forrethistor for debts after the party's death, except for life or in tail

, or to a third in fee- cannot be estate, and the the entails be cut off by fine and re-simple; but after a fee-simple he can an estate in covery. limit no other estate.

fee-siinple.

And if a man Of a perpe. But it is to be noted, that since these do not dispose of the fee-simple by way of retuity, which is an entail with notable statutes, and remedies pro- mainder, when he maketh the gift in tail, or for an addition. These perpe.

vided by statutes, to dock entails, there lives, then the fee-simple resteth in himself as a retuities would is started up a devise called perpetuity, version. The difference between a reversion and a bring in all the former incon which is an entail with an addition of remainder is this. The remainder is veniencies of

a proviso conditional, tied to his estate, always a succeeding estate, appointed between a re

not to put away the land from his next upon the gifts of a precedent estate at maindeornand a heir; and if he do, to forfeit his own estate. Which the time when the precedent is apperpetuities

, if they should stand, would bring in pointed. But the reversion is an estate left in the all the former inconveniencies subject to entails, giver, after a particular estate made by him for that were cut off by the former mentioned statutes, years, life, or entail. Where the re

A reversior and far greater: for by the perpetuity, if he that is mainder is made with the particular cannot be in possession start away never so little, as in making estates, then it must be done by deeds Ford.

13 et 39 Eliz. Entails two

The last and greatest estate

1

Not extendable for the

[ocr errors]

so, not to ex

A remainder

next heir must enter.

The difference

estates tail.

Common

of the court.

the grant of the reversion.

atturn, but

fine.

tail.

value of the

chee.

means :

5.

A recovery

estate tail

in writing, with livery and seisin, and cannot be warranted unto him, and pray that I. H. may be by words; and if the giver will dispose of the called in to defend the title, which I. H. is one of the reversion after it remaineth in himself, he is to criers of the common-pleas, and is called the comdo it in writing, and not by word, and the tenant mon vouchee. This I. H. shall appear Atturnment

is to have notice of it, and to atturn to and make as if he would defend it, but vouchee one must be had to it, which is to give his assent by word, shall pray a day to be assigned him in of the criers

or paying rent, or the like; and except his matter of defence; which being The tenante et the tenant will thus atturn, the party to granted him, at the day he maketh default, and

whom the reversion is granted cannot thereupon the court is to give judgment against him ; where the reversion is

have the reversion, neither can he com which cannot be for him to lose his lands, because granted by pel him by any law to atturn, except he hath it not, but the party that he hath sold it to

the grant of the reversion be by fine; | hath that, who vouched him to warrant it. and then he may by writ provided for that purpose : Therefore the demandant who hath

Judgment for and if he do not purchase that writ, yet by the fine no defence made against it, must have the demandthe reversion shall pass : and the tenant shall pay judgment to have the land against him the tenant in no rent, except he will himself, nor be punished for that he sued, who is called the tenant, any waste in houses, woods, &c. unless it be granted and the tenant is to have judgment Judgment for by bargain and sale by indenture enrolled. These against I. H. to recover in value so much tenant to refee-simple estates lie open to all perils of forfeitures, land of his, where in truth he hath much land in extents, encumbrances, and sales.

none, nor never will. And by this de- commou vouLands may be

Lands are conveyed by these six vice, grounded upon the strict principles conveyed, 1.

of law, the first tenant loseth the land, and hath By feollment. 2. By fine. 3. 1. By feoffment, which is, where by nothing for it; but it is by his own agreement for By recovery deed lands are given to one and his 4. By use.

assurance to him that brought it. By covenant. heirs, and livery and seisin made ac This recovery barreth entails, and all 6. By will.

cording to the form and effect of the remainders and reversions that should barreth an deed; if a lesser estate than fee-simple be given, take place after the entails, saving where

and all reverand livery of seisin made, it is not called a feoff- the king is giver of the entail, and sions and rement, except the fee-simple be conveyed, but is keepeth the reversions to himself; thereupon. otherwise called a lease for life or gift in tail, as then neither the heir, nor the remainabove mentioned.

der, nor the reversion, is barred by the recovery. What a fine

2. A fine is a real agreement, begin The reason why the heirs, remainis, and how ning thus, “ Hæc est finalis concordia,” ders, and reversions are thus barred, why a comlands may be conveyed etc. This is done before the king's is because in strict law the recompence mon recovehereby.

judges in the court of common pleas, adjudged against the crier that was those in re concerning lands that a man should have from an vouchee, is to go in succession of estate other to him and his heirs, or to him for his life, as the land should have done, and then or to him and the heirs males of his body, or for it was not reason to allow the heir the liberty to years certain, whereupon rent may be reserved, but keep the land itself, and also to have recompence; no condition or covenants. This fine is a record of and therefore he loseth the land, and is to trust to great credit; and upon this fine are four proclama- the recompence. tions made openly in the common pleas; that is, This slight was first invented, when in every term one, for four terms together; and if entails fell out to be so inconvenient The many inany man having right to the same, make not his as is before declared, so that men made of estates in Five years

claim within five years after the procla- no conscience to cut them off, if they tail brought non-claim mations ended, he loseth his right for could find law for it. And now by use, veries which

are made now ever, except he be an infant, a woman those recoveries are become common common con vert. 3. Mad. covert, a madman, or beyond the seas, assurances against entails, remainders, veyances and

and then his right is saved; so that and reversions, and are the greatest se- land. yond sea.

the claim be within five years after full curity purchasers have for their money; age, the death of her husband, recovery of his wits, for a fine will bar heir in tail and not the remainor return from beyond the seas. This fine is called der, nor reversion, but a common recovery will bar Fine is a feofr

a feofsment of record, because that it them all. ment of re includeth all the feoffment doth, and Upon feoffments and recoveries, the cord.

worketh farther of its own nature, and estate doth settle as the use and intent Upon fines, barreth entails peremptorily, whether the heir doth of the parties is declared by word or and recoverclaim within five years or not, if he claimed by him writing, before the act was done: as for consente ate that levied the fine.

example, if they make a writing that cording to the 3. Recoveries are where for assur one of them shall levy a fine, make

parties. What recover

ances of lands the parties do agree, that feoffment, or suffer a common recovery

one shall begin an action real against to the other: but the use and intent is, that one the other, as though he had good right to the land, should have it for his life, and after his decease a and the other shall not enter into defence against it, stranger to have it in tail, and then a third in feebut allege that he bought the land of I. H. who had simple; in this case the land settleth in an estate

mainder and reversions.

barreth not, 1. An infant.

assurances for

man.

4. Be

intent of the

a

ies are.

&c.

venants to

upon one statute.

What a use is.

Otherwise in

nant.

8. there was

for a use,
but in chan-
cery.

The stat. of

according to the use and intent declared: and that And so this covenant to stand seised

A covenant to by reason of the statute made 27 H. VIII. convey to uses, is at this day, since the said stand seised

use Deed. ing the land in possession to him that hath interest statute, a conveyance of land; and with eth not etrolin the use or intent of the fine, feoffment, or re this difference from a bargain and sale, ment as a bar

gain and sale covery, according to the use and intent of the in that this needeth no enrolment, as a to a use doth, parties.

bargain and sale doth ; nor needeth it Upon this statute is likewise ground to be in writing indented, as bargain and sale must: Bargains, ed the fourth and fifth of the sixth con and if the party to whose use he agreeth to stand sales, and co

veyances, naniely, bargains, and sales, seised of the land, be not wife, or child, cousin, or stand seised

and covenants to stand seised to uses; to a use, are

one that he meaneth to marry, then will no use rise, all grounded for this statute, wheresoever it findeth and so no conveyance ; for although the law allow

a use, conjoineth the possession to it, eth such weighty considerations of marriage and

and turneth it into like quality of estate, blood to raise uses, yet doth it not admit so trifling condition, rent, and the like, as the use hath. considerations, as of acquaintance, schooling, services,

4. The use is but the equity and or the like.
honesty to hold the land in conscientia But where a man maketh an estate

Upon a fine, boni viri. As for example ; I and you agree that of his land to others, by fine, feoffment, feofimeat, or I shall give you money for your land, and you shall

or recovery, he may then appoint the recovery, a make me assurance of it. I pay you the money, but use to whom he listeth, without respect limit the use you make me not assurance of it. Here although of marriage, kindred, or other things; listelh, withthe estate of the land be still in you, yet the equity for in that case his own will and declar- out consider and honesty to have it is with me; and this equity ation guideth the equity of the estate. or money. is called the use, upon which I had no remedy but It is not so when he maketh no estate,

a bargain and Before 27 H.

in chancery, until this statute was made but agreeth to stand seised, nor when he sale, or cose

of 27 H. VIII, and now this statute hath taken any thing, as in the cases of no remedy

conjoineth and conveyeth the land to bargain and sale, and covenant to stand seised to uses. him that hath the use.

I for my money

6. The last of the six conveyances of the conpaid to you, have the land itself, with is a will in writing; which course of veyance of out any other conveyance from you; and it is called conveyance was first ordained by a

land by will. a bargain and sale.

statute made 32 H. VIII. before which statute no But the parliament that made that man might give land by will, except it were in a 27 H. 8. doth

statute did foresee, that it would be mis- borough town, where there was an especial custom not pass land chievous that men's lands should so that men might give their lands by will; as in Lonupon the

suddenly, upon the payment of a little don, and many other places. out a deed in- money, be conveyed from them, perad The not giving of land by will was The not disdented and venture in an alehouse or a tavern upon thought to be a defect at common law, lands by will

, enrolled.

strainable advantages, did therefore that men in wars, or suddenly falling was thought

gravely provide another act in the same sick, had no power to dispose of their at the comtendeth not to places where parliament, that the land upon payment lands, except they could make a feoff- mon law. they did enrol of this money should not pass away, ment, or levy a fine, or suffer a recovery ; which

except there were a writing indented, lack of time would not permit: and for men to do it made between the two parties, and the said writing by these means, when they could not undo it again, also within six months enrolled in some of the was hard ; besides, even to the last hour of death, courts at Westminster, or in the sessions rolls men's minds might alter upon farther proofs of their in the shire where the land lieth; unless it be in children or kindred, or increase of children or debt, cities or corporate towns where they did use to enrol or defect of servants or friends. deeds, and there the statute extendeth not.

For which cause, it was reason that the course 5. The fifth conveyance is a covenant the law should permit him to reserve to that was mor to stand seised to uses. It is in this the last instant the disposing of his lands, the stat of

sort: A man that hath a wife and child and to give him means to dispose of it; dren, brethren and kinsfolks, may by writing under which seeing it did not fitly serve, men devise lands

by will, was a his hand and seal agree, that for their used this devise : Upon an

or any of their preferment he will stand They conveyed their full estates of of lands to writing to

seised of his lands to their uses, either their lands, in their good health, to trust, to such

for life, in tail, or fee, so as he shall friends in trust, properly called feoffees they should any of his kindred, a use see cause ; upon which agreement in in trast; and then they would by their declare in may be cre

writing, there ariseth an equity or wills declare how their friends should ated, &c.

honesty, that the land should go accord- dispose of their lands; and if those friends would ing to those agreements; nature and reason allow- not perform it, the court of chancery was to coming these provisions; which equity and honesty pel them by reason of trust; and this trust was is the use.

And the use being created in this sort, called the use of the land, so as the feoffees had the the statute of 27 H. VIII. before mentioned, land, and the party himself had the use ; which use conveyeth the estate of the land, as the use is was in equity, to take the profits for himself, and appointed

that the feoffees should make such an estate as he

pay

ment of

The stat. of 27 H. 8. ex

A covenant to
stand seised
to a use.

32 H. & first gave power to

conveyance

agreement in

feoflees in

stand seised to the use of

.

« PreviousContinue »