SECT. VII. uses continued The first act of parliament, which passed The history of in the succeeding king's reign, related to to 23 Hen. 8. uses. The statute 1 Hen. 7. made a formedon maintainable against the pernors of the profits of land enfeoffed to uses. It also allowed the tenant in the same action to have aid prayer, voucher, age, and other advantages. This statute, which gave a formedon only by express name against cestuique use, was construed to extend to a scire facias to execute an estate tail in remainder by equity d But in the construction of this act, it was held in a case, where a scire facias was brought against the pernor of the profits, "First, that where di"vers of the king's sub"jects having cause of ac tion by formedon in the "descender, or else in the "remainder, by force of "any tail for lands and te"nements, be defrauded "and delayed of their said. "actions, and oftentimes "without remedy, because "of feoffments made of the "same lands and tenements "to persons unknown, to "the intent that the de"mandant should not "know, against whom they "shall take their actions; "it is ordained, that the "demandant in every such have his action "against the pernor or per ❝ case SECT. VII. The history of uses continued that the pernor should not vouch; for it should be intended in such action, in which he might vouch: and that the words of the to 23 Hen. 8. act did not alter the law of vouchers, and give to the pernor any new voucher. Among the inconveniences, which attended the introduction of uses, it was found, that lords lost the benefit of wardship; and, therefore, by a statute 4 Hen. 7. c. 17. the sta,tute of Marlbridge was confirmed; and it was also provided, that the heir of cestuique use of lands held by knight service, being within age, should be in ward; and being of full should pay age, relief. On the contrary, for the benefit of the heir of cestuique use, the same statute provided, that he should have an action against his guardian committing waste. By the 19 Hen. 7. c. 15. the lands of cestuique use were made subject to execution for his debt, by judgment, recognizance, statute merchant, and of the staple. The lands of cestuique use holden in soccage, were also made liable to satisfy the lord his relief, heriot, and other duties. Cestuique use also was allowed to have the same advantages he might have had, if he had been tenant of the land. And, lastly, the lands of cestuique use, being a bondman, were made seizable by the lord, (56.) (57) VIII. We have seen, that by the statute of 15 Rich. 2. c. 5. lands conveyed to the use of religious houses, or bodies corporate, were amortized by license from the crown. But that statute did not extend to conveyances in trust for parish churches, chapels, churchwardens, companies, fraternities, &c. erected by common assent, and not being bodies corporate. Now these alienations were as prejudicial to the lords, as alienations in mortmain for they thereby lost their wards, heriots, reliefs, &c. To remedy this mischief the statute of 23 Hen. 8. c. 10. was made. It recites, "That by reason of feof"ments made of trust of manors, &c. to the use of parish churches, chapels, church war"dens, guilds, fraternities, commonalties, "companies, or brotherhoods, erected or "made of devotion, or by common assent of "the people, without any corporation, and to "the uses and intents to have obits perpetual, "or any continual service of a priest for ever, "&c. or to any other like uses and intents, "there groweth to the king our sovereign lord, and to other lords and subjects of the realm, the same like losses and inconve"niences, and is as much prejudicial to them, as doth and is in case where lands are alien"ed in mortmain: be it therefore enacted, 66 * 1 Co. 23. b. 66 "That all and every such uses, intents, and purposes, of what name, nature, or quality "the same shall be called, &c. shall be ut"terly void; and if any person, in default of "this statute, do bind their heirs, &c. that "then every such pain, penalty, craft, co"lour, and every other thing, &c. shall be 6. utterly void: and that this statute shall be always interpreted, &c. most beneficially to "the destruction of such uses, &c. and of all other like uses and intents." I shall make a few observations on this statute.-In the first place, it was made to prevent conveyances of land, &c. in trust for superstitious purposes, such as to pray for souls supposed to be in purgatory; but it was not intended to prevent alienations in trust for good and charitable purposes; such as finding of a preacher, maintenance of a school, relief and comfort of maimed soldiers, sustenance of poor people, reparation of churches, highways, bridges, causeways, discharging of poor inhabitants of a town of common charges, for making of a stock for poor labourers in husbandry, and poor apprentices, and for the marriage of poor virgins, and other like charitable uses; for, as it has been properly observed, "no "time has been so barbarous as to abolish E SECT. VIII. of the statute 23 Hen. 8. and the construc tion thereof. (59.) learning and knowledge, nor so uncha"ritable as to prohibit relieving the poor." 2dly. This act did not make the conveyance itself void, nor did it give the lord any title to enter for mortmain (like the 15 Richard 2. c. 5.): but it made the use void. Therefore if the feoffment had been within this statute, the feoffees (if no consideration. had been expressed) would have stood seised, notwithstanding the declaration of uses, to. the use of the feoffor and his heirs; but if there had been a consideration, though merely nominal, the use would have vested in the feoffees d. IX. I have now noticed all the statutes, which I am aware of, relating to uses, previously to the statute of 27 Hen. 8. c. 10. These statutes all tend to consider cestuique use as the real owner of the land; and indeed he was made completely so by the statute 27 Hen. 8. c. 10. But it will be necessary, in this place, to consider the learning of uses before that statute was enacted. Uses had undergone many refinements; and although several acts were passed to prevent the injustice, which these refinements pro 1 Co. 24. a. 26. a. torney General v. Whorwood, 1 Ves. 536. |