SECT. V. as in 21 R. 2. c. 3. and in some particular History of uses ones, as in the case of the Duke of Norto the reign of Rich. 3. thumberland, forfeitures for treason were extended not only to the lands, of which the person attainted was himself seised, but to those whereof he was seised as cestuique use. (22.) 123.) During the reigns of Henry the fourth, Henry the fifth, and Henry the sixth, I find only three statutes relating to trusts. The statutes of 4 Hen. 4. c. 7. and 11 Hen. 6. c. 3. were enacted to confirm and enlarge the 1 Rich. 2. c. 9. before stated. But by the 5th chap. of the 11 Hen. 6. it appears, that tenants for lives or years, who were subject to actions of waste by the reversioner, upon their commission of it, had taken advantage of the doctrine of trusts, in order to escape punishment, by conveying their estates to friends in trust for themselves, and afterwards committing waste upon the lands at their pleasure they still continuing to occupy the premises, and to take the profits to their own use for the reversioner being ig norant of the legal owner of the lands, did not know against whom to bring his action: "It is therefore ordained and established, that they in the reversion, in such case, may "have and maintain a writ of waste against "the said tenants for term of life, of another's See the Year Book 11 Hen. 4. 52. pl. 30. "life, or for years, and so recover against SECT. V. History of uses to the reign of "them the place wasted, and their treble da- In the 5th Hen. 5. it appears, that a case arose, upon the nature and extent of the estate of cestuique use. A man being seised of a manor, to which an advowson was appendant, conveys the manor to feoffees to his own use, and afterwards is outlawed in an action of debt. During the outlawry, the church becomes vacant, and the cestuique use 'presents to the church; the King brings his quare impedit, and the case was determined in his favour; for cestuique use, as tenant at will to his feoffees, had a possession, which was forfeited to the crown by the outlawry. But the great point seems to have been settled in the 4th Ed. 4.d, that cestuique use could obtain no relief in the courts of common law against his feoffees, but must rely upon the equitable jurisdiction of the Court of Chancery. But even in this King's reign the principles of equity were so little understood, that it was determined, that the sub Year Book 5 Hen. 5. 3. 6. Bro. Feoff. al. Uses, pl. 45. 4 Ed. 4. 8. b. pl. 9. (25.) SECT. V. pæna did not extend to the heir of the feoffee, History of uses who was in by law; but relief in such case could only be had by his bill in Parliament. to the reign of Rich. 3. From the 11th Hen. 6. to the reign of Rich. 3. (which includes a space of fifty years), the Statute Book is totally silent upon the subject of uses. From this circumstance Sir Francis Bacon concludes, and there is ground to believe, that uses were most fa voured about that time. The statute of 1 Rich. 3. c. 1. materially increased the power of cestuique use. 66 This statute recites, "That forasmuch as "by privy and unknown feoffments, great unsurety, trouble, costs, and grievous vex"ations daily grow betwixt the King's sub"jects, insomuch that no man that buyeth any lands, tenements, rents, services, or "other hereditaments, nor women that have jointures or dowers in any lands, tene"ments, or other hereditaments, nor men's "last wills to be performed, nor leases for "term of life or years, nor annuities granted "to any person or persons, for their services Year Book 8 Ed. 4. 6. -22 Ed. 4. 6. Carey, 13. But this was soon remedied. See Keilw. 42. b. They who wish to examine the early decisions upon uses and trusts, may be assisted by the following re ferences to the Year Books: 7 Ed. 4. 14. 7 Ed. 4. 29. 17. and generally to Bro. tit. Feoff. al. Uses. SECT. V. "for term of their lives, or otherwise, be in "perfect surety, nor without great trouble Stat. of 1 Rich. "and doubt of the same, because of such privie and unknown feoffments: for the rémedy whereof it is ordained, established, "and enacted, by the advice of the Lords spiritual and temporal, and the Commons "in this present parliament assembled, and by authority of the same, that every es"tate, feoffment, gift, release, grant, leases: "and confirmations of lands, tenements, "rents, services, or hereditaments, made or had, or hereafter to be made or had, by any, person or persons being of full age, of "whole mind, at large, and not in duress, to any person or persons, and all recoveries " and executions had or made, shall be good "and effectual to him to whom it is so made, "had, or given, and to all others to his use, "against the seller, feoffor, donor, or granter "thereof, and against the sellers, feoffors, donors, or granters, his or their heirs, claim"ing the same only as heir or heirs to the " same sellers, feoffors, donors, or granters, "and every of them, and against all others "having or claiming any title or interest in "the same, only to the use of the same "seller, feoffor, donor, or granter, sellers, feoffors, donors, or granters, or his or their "said heirs, at the time of the bargain, sale, covenant, gift, or grant made: saving to * every person or persons such right, title, 3. C. I. (29.) SECT. V. "action, or interest, by reason of gift in tail Stat. of Rich." thereof made, as they ought to have had "if this act had not been made." 3. c. I. SECT. VI. VI. This statute was evidently intended" The operation for the benefit of purchasers, by giving the' stat. 1 Rich. 3. cestuique use an alienable power over the pos and effect of the (30.) Of the alienation of the cestuique use. session, as well as the use. But the intention of the legislature was frustrated; for the statute did not deprive the feoffees of the power of alienation; and consequently if they aliened the land for a valuable consideration, and without notice, previously to any disposition made by cestuique use pursuant to the statute, such alienation disabled cestuique use from exercising the power which the statute meant to afford him. Besides this inconvenience, there was a still greater produced by the statute; for it often occasioned a kind of double-handed proceeding, or fraud, both in the feoffees and cestuique use. The feoffees had a power over the possession by the common law, and the cestuique use by the statute. They often colluded, and by making secret and different feoffments, they purposely defeated each other's alienation, with a view to deceive purchasers. (1.) It has been a question of some importance, and perhaps never decided, whether in some cases any or what part of the estate of the feoffees continued in them after the |