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Now concerning what attainders shall What attain- 6 , . . . . .

riers shall give give the escheat to the lord; it is to be

the \mdtat IO note('' ,hat il must either be by jud?" Attainders, ment of death given in some court of

menL "l 'By record against the felon found guilty by fenton °3.C?iy verd'ct> or confession of the felony, or outlawry, give it must be by outlawry of him. thelorlf Of The outlawry groweth in this sort; an attainder a man is indicted for felony, being not by outlawry. g0 fls j,e cannot oe brought in

person to appear and to be tried, insomuch that process of capias is therefore awarded to the sheriff, who not finding him, returneth, "non est inventus in balliva mea ;" and thereupon another capias is awarded to the sheriff; who likewise not finding him maketh the same return: then a writ called an exigent is directed to the sheriff, commanding him .to proclaim him in his county court five several court days, to yield his body; which if the sheriff do, and the party yield not his body, he is said, by the default, to be outlawed, the coroners there adjudging him outlawed, and the sheriff making the return of the proclamations, and of the judgment of the coroners upon the backside of the writ. This is an attainder of felony, whereupon the offender doth forfeit his lands by an escheat to the lord of whom they are holden.

« But note, that a man found guilty of

Irn'clergy"le felony by verdict or confession, and praying his clergy, and thereupon reading as a clerk, and so burnt in the hand and discharged, is not attainted; because he by his clergy preventeth the judgment of death, and is called a clerk convict, who loseth not his lands, but all his goods, chattels, leases, and debts.

So a man indicted, that will not eth mute'for- answer nor Put himself upon trial, alleiteih no though he be by this to have judgment for'treasonCpt of pressing to death, yet he doth forfeit no lands, but goods, chattels, leases, and debts, except his offence be treason, and then he forfeiteth his lands to the crow-n. He that kill So a man that killeth himself shall eth himseir not lose his lands, but his goods, chat

J,TffiIr!lL,b.ut leases, and debts. So of those

his chattels. ... , .

that kill others in their own defence, or by misfortune.

A man that being pursued for felony, kmy"a tor- ar,d flieth for it, loses his goods for his goods6 °f flv'nS> although he return and is tried,

and found not guilty of the fact. He that yield- So a man indicted for felony, if he

SiSSontbeest yield not his body to the sheHff until gent for felo- after the exigent of proclamation is

Wsgoods5 awarded against him, this man doth

forfeit all his goods for his long stay,

although he be not found guilty of the felony; but

none is attainted to lose his lands, but only such as

have judgments of death by trial upon verdict, or

their own confession, or that they be by judgment

of the coroners outlawed, as before.

Lands entail- Besides the escheats of lands to the

ed escheat to lords of whom they be holden, for lack

treason. of heirs, and by attainder for felony,

which only do hold place in fee-simple lands, there are also forfeiture of lands to the crown by attainder of treason; as namely, if one that hath entailed lands commit treason, he forfeiteth the profits of the lands for his life to the crown, but not to the lord.

And if a man having an estate for Te"aJ?,..f°''l'fe

i • committing

life of himself, or of another, commit treason or fetreason or felony, the whole estate is ^afl'benoesforfeited to the crown, but no escheat cheat to the to the lord.

But a copyhojd, for fee-simple, or for life, is forfeited to the lord, and not to the crown; and if it be entailed, the lord is to have it during the life of the offender only, and then his heir is to have it.

The custom of Kent is, that Gavelkind land is

not forfeitable nor escheatable for felony: for they

have an old saying; The father to the bough, and

the son to the plough.

If the husband was attainted, the „. .

. . . - The wife lc*

wife was to lose her thirds in cases of eth no dower.

felony and treason, but yet she is no "^XT*"

offender; but at this day it is holden {jjj^jj6 y'"

by statute law, that she loseth them felony,
not for the husband's felony. The rela-
tion of these forfeits are these:

1. That men attainted of felony or f*^*',^.

treason, by verdict or confession, do son by ver

forfeit all the lands they had at the gTM'^

time of their offence committed; and lawry forfeit ... , , , . , eth all thev

the king or the lord, whosoever of had from the

them hath the escheat or forfeiture,

shall come in and avoid all leases, sta- mitted.

tutes, or conveyances done by the of- And so it is

fender, at any time since the offence "P"" anat

* i ■ i i tainder of out

done. And so is the law clear also, if lawn:; ofher

a man be attainted for treason by out- Jh'^ttVuider lawry: but upon attainder of felony by J^J^^1, outlawry, it hath been much doubted an(j outiawrr, by the law-books, whether the lord's j,*t^,lrt£;title by escheat shall relate back to the forfeiture of time of the offence done, or only to the chaueis!'1 date of teste of the writ of exigent for proclamation, whereupon he is outlawed: howbeit at this day it is ruled, that it shall reach back to the time of the fact; but for goods, chattels, and debt*, the king's title shall look no farther back than to those goods, the party attainted by verdict or confession had at the time of the verdict and confession given or made, and in outlawries at the time of the exigent, as well in treasons as felonies: wherein it is to be observed, that upon the party's first apprehension, the king's officers are to seize f all the goods and chattels, and preserve nce'rs toleize them together, dispending only so much aI[ficnhgft^s out of them, as is fit for the sustentation of the person in prison, without any wasting, or disposing of them until conviction; and then the property of them is in the crown, and not before.

It is also to be noted, that persons A ^enon at. attainted for felony or treason have no tainted may capacity in them to take, obtain, or F^'shidTbe to purchase, save only to the use of the 'h<: king's use. king, until the party be pardoned. Yet the party

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liament.

bletha°manto a son, and then is attainted of felony purchase, and the heir begotten after shall inherit those lands.

or treason, and pardoned, and purchaseth lands, and then hath issue another son, and dieth; the son he had before he had his pardon, although he be his eldest son, and the patent have the words of restitution to his lands, shall not inherit, but his second son shall inherit them, and not the first; because the blood is corrupted by the attainder, and cannot l>e restored by patent alone, but by act of parliament. And if a man have two sons, and the eldest is attainted in the life of his father, and dieth without issue, the father living, the second son shall inherit the father's lands; but if the eldest son have any issue, though he die in the life of his father, then neither the second son, nor the issue of the eldest, shall inherit the father's lands, but the father shall there be accounted to die without heir; and the land shall escheat, whether the eldest son have issue or not, afterwards or before, though he be pardoned after the death of his father.

IV. Property of lands by conveyance is first distributed into estates for years,

These estates are created by word,

Property of land by conveyance di

I'lfcta'tesm for life' in t8il» and fee-simple, fee. 2. In tail.

4. Fot years, by writing, or by record.

1. For estates of years, which are commonly called leases for years, they are thus made: where the owner of the land agreeth with the other by word of mouth, that the other shall have, hold, and enjoy the land, to take the profits thereof for a time certain of years, months, weeks, or days, agreed between them; and this is called a lease parole j such a lease may be made by writing poll, or indented of demise, grant, and to farm let, and so also by fine of record; but whether any rent be reserved or no, it is not material. Unto these leases* there may be annexed such vearstheygo exceptions, conditions, and covenants, to the'execu- as the parties can agree on. They are to'the'heirs"0 called chattels real, and are not inheritable by the heirs, but go to the executors and administrators, and be saleable for debts in the life of the owner, or in the executors' or administrators' hands by writs of execution upon statutes, recognisances, judgments of debts or damages.

. _ . They be also forfeitable to the crown

Leases are to' , ,

be forfeited by by outlawry, by attainder for treason,

fn'treason. felony, or premunire, killing himself,

9. Felony. flying for felony, although not guilty of a Premunire. 'r8 . , . 5 » • / i

4. By killing the fact, standing out, or refusing to be

flviiiKll65 K°r ,r'ed ky the county, by conviction of

idingout, felony, by verdict without judgment,

petty larceny, or going beyond the sea

without licence.

These are forfeitable to the crown,

in like manner as leases for years;

namely, interest gotten in other men's

lands by extending for debt upon judg

Standing out, 4.C. 7. By conviction, a Petty larceny. 9. Going beyond the sea without licence. Extents upon stat staple, merchant, or

ment in any court of record, statute sn7p^0fbM?yd' merchant, statute staple, recognisances; and hinds are which being upon statutes, are called forfeitable"!*1 tenants by statute merchant, or staple, the other tenants by elegit, and by wardship of body and lands j for all these are called chattels real, and go to the executors and administrators, and not to the heirs; and are saleable and forfeitable as leases for years are.

2. Leases for lives are also called jjease for upe freeholds: they may also be made by forfeitword or writing. There must be livery

and seisin given at the making of the lease by him, whom we call the lessor; who cometh to the door, backside, or garden, if it be a house, if not, then to some part of the land, and there he expresseth, that he doth grant unto the taker, called the lessee, for term of his life; and in seisin thereof, he delivereth to him a turf, twig, or ring of the door: and if the lease be by writing, then commonly there is a note written on the backside on?vCTy!'&c. of the lease, with the names of those witnesses who were present at the time of the livery of seisin made. This estate is not saleable by the sheriff for debt, but the Lease for life land is to be extended for a yearly by'tl?ebsherifl' value, to satisfy the debt. It is not ror.deb,\bl!t forfeitable by outlawry, except in cases yearly value, of felony, nor by any of the means before mentioned, of leases for years; saving in an attainder for felony, treason, premunire, and then only to the crown, and not to the lords by escheat.

And though a nobleman or other A man that have liberty by charter, to have all hath bona felons' goods; yet a tenant holding for {er°shaftCuot term of life, being attainted of felony, Jjjy'E doth forfeit unto the king, and not to lease for life this nobleman. be atlain<«i.

If a man have an estate in lands for another man's life, and dieth; this land cannot go to his heir, nor to his executors, but to the party that first entereth; and he is called an occupant; as before hath been declared.

A lease for years or for life may be made also by fine of record, or bargain and sale, or covenant, to stand seised upon good considerations of marriage, or blood; the reasons whereof are hereafter expressed.

3. Entails of lands are created by a 0festatetailSi gift, with livery and seisin to a man, and how such and to the heirs of his body; this word, ^ y*S£TMay body, making the entail, may be demonstrated and restrained to the males or females, heirs of their two bodies, or of the body of either of them, or of the body of the grandfather or father.

Entails of lands began by a statute made in Ed. I.'s time, by which also WestA'made they are so much strengthened, as that i"mpde'tates the tenant in tail could not put away in tail were so the land from the heir by any act of thraetnt,i|e,TMed' conveyance or attainder; nor let it, nor were not for

, i ^■r feitableby

encumber it, longer than his own life, any attainder.

But the inconvenience thereof was Thegreatin

great, for by that means the land being convenience

6 . , . . . that ensued

so sure tied upon the heir as that his thereof.

Occupant.

father could not put it from him, it made the son to be disobedient, negligent, and wasteful, often marrying without the father's consent, and to grow insolent in vice, knowing that there could be no check of disinheriting him. It also made the owners of the land less fearful to commit murders, felonies, treasons, and manslaughters; for that they knew none of these acts could hurt the heir of his inheritance. It hindered men that had entailed lands, that they could not make the best of their lands by fine and improvement, for that none, upon so uncertain an estate as for term of his own life, would give him a fine of any value, nor lay any great stock upon the land, that might yield rent improved.

. ... Lastly, those entails did defraud the The prejudice •", ,. , , . , ,

the crown crown, and many subjects of their debts;

thereby! f°r tnat ,r|e 'an<^ was not "able longer than in his own life-time; which caused that the king could not safely commit any office of account to such whose lands were entailed, nor other men trust them with loan of money.

These inconveniencies were all rcme

vffand'aaH' d'ed bv ac,s °f parliament; as namely, Vlli. to bar by acts of parliament later than the estates tail by Mt of enta{)g ma(Je 4 H. VII. 32 H.

VIII. a tenant in tail may disinherit his son by a fine with proclamation, and may by that means also make it subject to his debts and sales.

By a statute made 26 H. VIII. a 32 H Vhi! te°ant in tail doth forfeit his lands for

treason; and by another act of parliament, 32 H. VIII. he may make leases good against his heir for one and twenty years, or three lives; so that it be not of his chief houses, lands, or demesne, or any lease in reversion, nor less rent reserved than the tenants have paid most part of one and twenty years before, nor have any manner of discharge for doing wastes and spoils: by a statute

33 H VIII made 33 H' VIII> tenants ol entailed

13 et 39 El'iz. lands are liable to the king's debts by

prTvn'eVes? i extent; and ty statutes made 13 and

Not forfeitable 39 Eliz. they are saleable for the ar

Not'expend- 4 rearages upon his account for his office;

deln/ofthe 80 that n0W *' resleth, that entailed

partv after his lands have two privileges only, which

»a«ot Po'ex-' be these: Fir8t- not t0 be forfeited for elude liis next felonies. Secondly, not to be extended to forfeithis ' for debts after the party's death, except

estate, and the the entails be cut off by fine and renext heir must'

enter. covery.

Of a perpe- gut it is to be noted, that since these

tuitv. which is , , , ,.

an entail with notable statutes, and remedies pro

The^edrierpe- vi(led h? statutes, to dock entails, there

tuities would is started up a devise called perpetuity,

former' ii'eon- which is an entail with an addition of

veniencies or a provjso conditional, tied to his estate,

estates tail. r ,''

not to put away the land from his next

heir; and if he do, to forfeit his own estate. Which

perpetuities, if they should stand, would bring in

all the former inconveniencies subject to entails,

that were cut off by the former mentioned statutes,

and far greater: for by the perpetuity, if he thnt is

in possession start away never so little, as in making

a lease, or selling a little quillet, forgetting after two

or three descents, as often they do, how they are

tied; the next heir must enter, who peradventureis

his son, his brother, uncle, or kinsman; and this

raiseth unkind suits, setting all the

... ° . The incon

kindred at jars, some taking one part, venienciesof

some another, and the principal parties {Jjj^U*^" wasting their time and money in suits of law; so that in the end they are both constrained by necessity to join in a sale of the land, or a great part of it, to pay their debts, occasioned through their suits. And if the chief of the family, for any good purpose of well seating himself, by selling that which lieth far off, to buy that which is near, or for the advancement of his daughters, or younger sons, should have reasonable cause to sell, this perpetuity, if it should hold good, restraineth him. And more than that, where many are owners of inheritance of land not entailed, may, during the minority of his eldest son, appoint the profits to go to the advancement of the younger 6ons and daughters, and pay debts; but by entails and perpetuities, the owners of these lands cannot do it, but they must suffer the whole to descend to the eldest son, and so to come to the crown by wardship all the time of his infancy.

Wherefore, seeing the dangerous times and untowardly heirs, they might whether it be

prevent those mischiefs of undoing-their b£L'"to re; f , , . ,6 . strain men by

houses, by conveying the land from these perpe

such heirs, if they were not tied to the alienTM fin«! or stake by those perpetuities, and re- {fn|jaimirdl }be strained from forfeiting to the crown, houses'^}-unand disposing it to their own, or to [£jj{Iy pos their children's good; therefore it is worthy of consideration, whether it be better for the subject and sovereign to have the lands secured to men's names and bloods by perpetuities, with all the inconveniencies above mentioned, or to be in hazard of undoing his house by unthrifty posterity.

4. The last and greatest estate of lands is fee-simple, and beyond this mates'estate there is none of the former for lives, in ,an(l's fetyears, or entails; but beyond them is fee-simple. For it is the greatest, last, and uttermost degree of estates in land; therefore he that maketh a lease for life, or a gift in tail, may appoint a remainder when he maketh another A remainder for life or in tail, or to a third in fee- TMnnot be simple; but after a fee-simple he can nn estatem"* limit no other estate. And if a man fee-simple, do not dispose of the fee-simple by way of remainder, when he maketh the gift in tail, or for lives, then the fee-simple resteth in himself as a reversion. The difference between a reversion and a remainder is this. The remainder is always a succeeding estate, appointed betwren'are0* upon the gifts of a precedent estate at mainder •nd a

the time when the precedent is appointed. But the reversion is an estate left in the giver, after a particular estate made by him for years, life, or entail. Where the re- A reTeTsion mainder is made with the particular cannot be estates, then it must be done by deeds wBrd."1 by

in writing, with livery and seisin, and cannot be by words; and if the giver will dispose of the reversion after it remained) in himself, he is to do it in writing, and not by word, and the tenant Attornment 's t0 nave notice of it, and to atturn to must be had to it which is to give his assent by word, thegrantof ' . . 6 .. ...'

the reversion, or paying rent, or the like; and except

CTmpeTlab'leTo the ,enant wil1 tnus atturn, the party to atturn, but whom the reversion is granted cannot veraionis TM have the reversion, neither can he comjjrantedby pel him by any law to atturn, except the grant of the reversion be by fine j and then he may by writ provided for that purpose: and if he do not purchase that writ, yet by the fine the reversion shall pass: and the tenant shall pay no rent, except he will himself, nor be punished for any waste in houses, woods, &c. unless it be granted by bargain and sale by indenture enrolled. These fee-simple estates lie open to all perils of forfeitures, extents, encumbrances, and sales. Lands may be Lands are conveyed by these six lT-7oo«h!ei!t meanS:

2. By fine, 3. 1- By feoffment, which is, where by J5PyC°^eryj deed lands are given to one and his By covenant heirs, and livery and seisin made ac» By will. cor(jing to the form and effect of the deed; if a lesser estate than fee-simple be given, and livery of seisin made, it is not called a feoffment, except the fee-simple be conveyed, but is otherwise called a lease for life or gift in tail, as above mentioned.

What a fine ^- A fine is a real agreement, begin

is. and hoiv ning thus, " Ha?c est finalis concordia," lands may be . ° _, .' . , , _ , ... conveyed etc. This is done before the king s hereby. judges in the court of common pleas,

concerning lands that a man should have from another to him and his heirs, or to him for his life, or to him and the heirs males of his body, or for years certain, whereupon rent may be reserved, but no condition or covenants. This fine is a record of great credit; and upon this fine are four proclamations made openly in the common pleas; that is, in every term one, for four terms together; and if any man having right to the same, make not his Five vears claim within five years after the procla

non-clalm mations ended, he loseth his right for

bnrreth not, ,7 , . , . °

i An infant ever, except he be an infant, a woman

vertfa Mad- covert> a madman, or beyond the seas, man. 4. Be- and then his right is saved; so that > "1 ( <l the claim be within five years after full age, the death of her husband, recovery of his wits, or return from beyond the seas. This fine is called Fine is a feoff a feon~menf of record, because that it includeth all the feoffment doth, and worketh farther of its own nature, and barreth entails peremptorily, whether the heir doth claim within five years or not, if he claimed by him that levied the fine.

3. Recoveries are where for assurWhierar«Ter" anees of lands the parties do agree, that one shall begin an action real against the other, as though he had good right to the land, and the other shall not enter into defence against it, but allege that he bought the land of I. H. who had

ment of record.

warranted unto him, and pray that I. H. may be called in to defend the title, which I. H. is one of the criers of the common-pleas, and is called the common vouchee. This I. H. shall appear and make as if he would defend it, but vouchee one

shall pray a day to be assigned him in °£j£e criers , . v' .' , i . , , . of the court,

his matter of defence; w-hich being

granted him, at the day he maketh default, and thereupon the court is to give judgment against him; which cannot be for him to lose his lands, because he hath it not, but the party that he hath sold it to hath that, who vouched him to warrant it.

Therefore the demandant who hath judgment for no defence made against it, must have the demandjudgment to have the land against him fie SEun that he sued, who is called the tenant, ,aiL and the tenant is to have judgment Judgment for against I. H. to recover in value so much cover' so" land of his, where in truth he hath ">Vcn lanrt \n

•ii • J i .i • J va,ue 01 ,ne none, nor never will. Ann by this de- common vou

vice, grounded upon the strict principles cnee

of law, the first tenant loseth the land, and hath

nothing for it; but it is by his own agreement for

assurance to him that brought it.

This recovery barreth entails, and all .

. ;. « ,, A recovery

remainders and reversions that should barreth an

take place after the entails, saving where Jnd ailrever

the king is giver of the entail, and 8ion*d,"1^re'

keepeth the reversions to himself; thereupon, then neither the heir, nor the remainder, nor the reversion, is barred by the recovery.

The reason why the heirs, remainders, and reversions are thus barred, Jty"TM.

is because in strict law the recompence mo,n recove

,. , , • . ,i • , rv barreth

adjudged against the ener that was those in revouchee, is to go in succession of estate rcy^ons"'1 as the land should have done, and then it was not reason to allow the heir the liberty to keep the land itself, and also to have recompence; and therefore he loseth the land, and is to trust to the recompence.

This slight was first invented, when

entails fell out to be so inconvenient The many '". ,,,,,, i conveniences

as is before declared, so that men made of estates in

no conscience to cut them off, if they '„ Ih^recV.

could find law for it. And now by use, veries which .... . are made now those recoveries are become common common conassurances against entails, remainders, veyances and . ° ' 'assurances for and reversions, and are the greatest se- land.

curity purchasers have for their money; for a fine will bar heir in tail and not the remainder, nor reversion, but a common recovery will bar them all.

Upon feoffments and recoveries, the

estate doth settle as the use and intent Uptm fi"es.

- , , feoffments,

of the parties is declared by word or and recover

writing, before the act was done: as for a^nth8|tt?etBcexample, if they make a writing that ?0trdIin? \n^g one of them shall levy a fine, make a parties, feoffment, or suffer a common recovery to the other: but the use and intent is, that one should have it for his life, and after his decease a stranger to have it in tail, and then a third in feesimple; in this case the land settleth in an estate according to the use and intent declared: and that by reason of the statute made 27 H. VIII. conveying the land in possession to him that hath interest in the use or intent of the fine, feoffment, or recovery, according to the use and intent of the parties.

Upon this statute is likewise groundBargains, e(j tne fourth and fifth of the sixth consales, and co- . . , venanta to veyances, namely, bargains, and sales,

t^a usc.'are an(i covenants to stand seised to uses; all grounded for this statute, wheresoever it findeth upon one sta- . .

tute. a use, conjoineth (he possession to it,

and turneth it into like quality of estate,

condition, rent, and the like, as the use hath.

4. The use is but the equity and

What a use is. , , . . , . ^

honesty to hold the land in conscientia

bani viri. As for example; I and you agree that I shall give you money for your land, and you shall make me assurance of it. I pay you the money, but you make me not assurance of it. Here although the estate of the land be still in you, yet the equity and honesty to have it is with me; and this equity is called the use, upon which I had no remedy but Before 27 H chancery, until this statute was made a. there was of 27 H. VIIT. and now this statute foraeuse?y conjoineth and conveyeth the land to but in chan- him that hath the use. I for my money Ler> paid to you, have the land itself, with

out any other conveyance from you; and it is called a bargain and sale.

But the parliament that made that ^Ra^loth statute did foresee, that it would be mis

not pass land chievous that men's lands should so upon the pay- ., , , , ,. ,

mentof suddenly, upon the payment of a little

outBi^eedI in- money< oe conveyed from them, perad

dcnted and venture in an alehouse or a tavern upon

The stat of strainable advantages, did therefore

27 H. 8. ex- gravely provide another act in the same tendcthnotto ° 'r

places where parliament, that the land upon payment

tesdidenro1 of this moneyshould not Pass away.

except there were a writing indented, made between the two parties, and the said writing also within six months enrolled in some of the courts at Westminster, or in the sessions rolls in the shire where the land lieth j unless it be in cities or corporate towns where they did use to enrol deeds, and there the statute extendeth not. A covenant to The fifth conveyance is a covenant

stand seised to stand seised to uses. It is in this "1 u sort: A man that hath a wife and chil

dren, brethren and kinsfolks, may by writing under

his hand and seal agree, that for their Upon an » . . , • -u

agreement in or any of their preferment he will stand

smndwised seised of his lands to their uses, either

to the use of for life, in tail, or fee, so as he shall any of his . . , . .

kindred, a use s*e cause; upon which agreement in

ateSte"6 writing, there ariseth an equity or honesty, that the land should go according to those agreements; nature and reason allowing these provisions; which equity and honesty is the use. And the use being created in this sort, the statute of 27 H. VIII. before mentioned, conveyeth the estate of the land, as the use is appointed.

And so this covenant to stand seised A COTenant to

to uses, is at this day, since the said stand seised

-i . , -., to a use needstatute, a conveyance of land; and with eth not enrol

this difference from a bargain and sale, n!5"t^f J1 b?r" ° 1 gain ana sale

in that this needeth no enrolment, as a to a use doth, bargain and sale doth; nor needeth it t to be in writing indented, as bargain and sale must: and if the party to whose use he agreeth to stand seised of the land, be not wife, or child, cousin, or one that he meaneth to marry, then will no use rise, and so no conveyance; for although the law alloweth 6uch weighty considerations of marriage and blood to raise uses, yet doth it not admit so trifling considerations, as of acquaintance, schooling, services, or the like.

But where a man maketh an estate D nafine

of his land to others, by fine, feoffment, feJdTmentl'or

or recovery, he may then appoint the n^n'vm"y- a

use to whom he listeth, without respect limit the oe

of marriage, kindred, or other things; listeth."*Mh

for in that case his own will and declar- out con**<!er. , , . , ation ot blood

ation guideth the equity of the estate, or money.

It is not so when he maketh no estate, °ba£Tahf aSd but agreeth to stand seised, nor when he sale, 6r covehath taken any thing, as in the cases of bargain and sale, and covenant to stand seised to uses.

6. The last of the six conveyances of the conis a will in writing; which course of veyance of

„ . , . , , land by wilL

conveyance was first ordained by a

statute made 32 H. VIII. before which statute no man might give land by will, except it were in a borough town, where there was an especial custom that men might give their lands by will; as in London, and many other places.

The not giving of land by will was The not disthought to be a defect at common law, fands°by will,

that men in wars, or suddenly falling wa? tno'?s,hL

'• to be a defect

sick, had no power to dispose of their at the coinlands, except they could make a feoff- mon lawment, or levy a fine, or suffer a recovery; which lack of time would not permit: and for men to do it by these means, when they could not undo it again, was hard; besides, even to the last hour of death, men's minds might alter upon farther proofs of their children or kindred, or increase of children or debt, or defect of servants or friends.

For which cause, it was reason that The course the law should permit him to reserve to ypn',^1^"^ thelastinstantthedisposingofhislands, the stat of and to give him means to dispose of it; i^il power'to

which seeing- it did not fitly serve, men devise tends

. °. ' bv will, was a

used this devise: convev&nce

They conveyed their full estates of ^ej^^ai

their lands, in their good health, to trust, to such

friends in trust, properly called feoffees "hinfid

in tmst; and then they would by their

•ii i i i ..... » . >. their will wills declare how their friends should

dispose of their lands; and if those friends would not perform it, the court of chancery was to compel them by reason of trust; and this trust was called the use of the land, so as the feoffees had the land, and the party himself had the use; which use was in equity, to take the profits for himself, and that the feoffees should make such an estate as he

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