the learned read of sir Francis bacon upon the statute of use I have choose to  read upon the law of use make Henry a law whereupon the inheritance of this  realm be toss at this day like a ship upon the sea in such sort that it be  hard to say which bark will sink and which will get to the haven that be to  say what assurance will stand good and what will not whether be this any lack  or default in the pilot their grave and learned judge but the tide and current  of receive error and unwarranted and abusive experience have be so strong as  they be not able to keep a right course accord to the law so as this statute  be in great part as a law make in the parliament hold queen for in queen by  the notable judgement upon solemn argument of all the judge assemble in the  Exchequet Chamber in the famous case between Dillon and Fraeyne concern a  assurance by Chudley this law begin to be reduce to a true and sound  exposition and the fall and pervert exposition which have continue for so many  year but never countenance by any rule or authority of weight but only  entertain in a popular conceit in practice at adventure grow to be control  since which time as it come to pass always upon the first reform of inveterate  error many doubt and perplex question have rise which be not yet resolve nor  the law thereupon settle the consideration whereof move I to take the occasion  of perform this particular duty to the house to see if I can by my travel  bring to a more general good of the common wealth herein though I can not be  ignorant of the difficulty of matter which he that take in hand shall soon  find or much leffe of my own unableness which I have continual sense and feel  of yet because I have more mean of absolution then the young sort and more  leisure then the great sort I do think it not impossible to work some  profitable effect the rather because where a inferior wit be bend and  conversant upon one subject he shall many time with patience and meditation  dissolve and undo many of the knot which a great wit distract with many matter  will rather cut in two then unknit at the least if my intention or judgement  be too barren or too weak yet by the benefit of other be I do hope to dispose  or digest the authority or opinion which be in case of use in such order and  method as they shall take light one from another though they take no light  from I and like to the matter of my read shall my manner be for my meaning be  to revive and recontinue the ancient son of read which you may see in mr  Frowickes upon the prerogative and all other read of ancient time be of less  ostentation and more fruit then the manner late accustom for the use then be  substantial to expound the statute by ground and diversity as you shall find  the read still to run upon case of the like law and contrary law whereof the  one include the learning of a difference and not to stir concise and subtle  doubs or to contrive tedious and intricate case whereof all save one be bury  and the great part of that one case which be take be common nothing to the  matter in hand but my labour shall be in the ancient course to open the law  upon doubt and not doubt upon the law exhibition  to cause to stand the  exposition of this statute consist upon the matter without the statute upon  the matter within the statute three thing concern these statute and all other  statute which be help and inducement to the right understanding of my statute  and yet be no part of the statute it self the consideration of the statute at  the commonlaw the consideration of the mischief which the statute intend to  redress as any other mischief which a expositor of the statute this way or  that way may breed certain maxim of the common lie touch exposition of statute  have therefore frame six division accord to the number of read upon the  statute it self I have likewise divide the matter without the statute into six  introduction or discourse so that for every day read I have make triple  proposition un preface or introduction un division upon the law it self a few  brief casas for exercise and argument the last of which I will have forbear  and accord to the ancient manner you shall have take some of my point upon my  division one two or more as you shall have think good save that I have this  regard that the young sort of the bar be not so conversant upon matter upon  the statute and for that case I have interlace some matter at the commonlaw  that be more familiar within the book the first matter I will discourse unto  you be the nature and definition of a use and his incession and progression  before the statute the second discourse shall be of the second spring of this  tree of use since the statute the three discourse shall be of the estate of  the assurance of this realm at this day upon use and what kind of they be  convenient and reasonable and not fit to be touch as far as sense of law and  natural construction of the statute will give leave and what kind of they be  convenient and meet to be suppress the four discourse shall be of certain rule  and exposition of law apply to this present purpose the five discourse shall  be of the best course to remedy the same inconvenience now a foot by  construction of the statute withoutoftering violence to the letter or sense  the Sixt and last discourse shall be of the best course to remedy the same  inconvenience and to declare the law by Act of parliament which last I think  good to reserve and not to publish the nature of a use be best discern by  consider what it be not and then what it be for it be the nature of all humane  science and knowledge to proceed most safe by negative and exclusive first use  be no right title or interest in law and therefore master attorney who read  upon this statute say well that there be but two right justice in Re justice  and Rem the one be a estate which be justice in Re the other a demand which be  justice and Rem but a use be neither so that in h it be say that the save of  the statute of I r which save any right or interest of entail must be  understand of intails of the possession and not of the part of the use because  a use be no right nor interest so again you see that Littleton conceit that a  use shall amount to a tenancy at will whereupon a release may well inure  because of pravity be control by et h and diverse other book which say that  Cesty and use be punishable in a action of trespass towards the feoff only h  seem to be at some discord with other book where it be admit for law that if  there be Cesty and use of a advowson and he be outlaw in a personal action the  king shall have the presentment which case master Evans in the argument of  Chudleyes case do seem to reconcile this where Cesty and use be utlaird have  present in his own name there the king shall remove his incumbent and no such  thing can be collect upon that book and therefore I conceive the error grow  upon this that because it be general think that a use be but a penancy of  profit and then again because the law be that upon Utlayers upon personal  action the king shall have the penancy of profit they take that to be one and  the self same thing which Cesty and use have and which the king be entitle  unto which be not so for the king have remedy in law for his penancy of profit  but Cesty and use have none the book go further and say that a use be nothing  as in h debt to be port and count sur lea for year rend c the defendant plead  in bar that the plaintiff nothing to have tempore division the plaintiff make  a special replication and show that he have no use and issue join upon that  wherefore it appear that if he have take issue upon the defendant plea it  shall have be find against he so again in queen in the case of the lord sand  the truth of the case be a fine levy by Cesty and use before the statute and  this come in question since the statute upon a averment by the plaintiff quoth  part Finis nothing to have it be say that the defendant may show the special  matter of use and it shall be no departure from the first plead of the same  and it be say further that the averment give in h quoth part Finis nothing  to have nec in possession nec in use go out upon this statute of Henry and be  no more now to be accept but yet it appear that if issue have be take upon the  general averment without the special matter show it shall have be find for he  that take the averment because a use be nothing but these book be not to be  take general or gross for we see in the same book when a use be special allege  the law take knowledge of it but the sense of it be that use be nothing for  which remedy be give by the course of the commonlaw so as the law know it but  protect it not and therefore when the question come whether it have any be in  nature and conscience the law accept of it and therefore Littleton case be  good law that he which have but forty shilling free hold in use shall be swear  in a inquest for it be rule secundum dominium lateral and not secundum  deminium fixed by law nam nature dominus be because produce ex re secure and  some doubt upon subsidy and tax Cesty and use shall be valve as a owner so  likewise if Cesty and use have resolve his use unto the feoff for six pound or  contract with a stranger for the like some there be no doubt but it be a good  construction whereon to ground a action upon the case for money for release of  a suit in the chancery be a good quid pro quo therefore to conclude though a  use be nothing in law to yield remedy by course of law yet it be somewhat in  reputation of law and conscience for that may be somewhat in conscience which  be nothing in law like as that may be something in law which be nothing in  conscience as if the feoff have make a feoff over in fee good faith upon good  consideration and upon a subpoena bring against they he plead this matter in  chancery this have be nothing in conscience not as to discharge they of damage  a second negative fit to be understand be that a use be no Covin nor it be no  collusion as the word be now use for it be to be note that where a man do  remove the state and possession of land or good out of himself unto another  upon trust it be either a special trust or a general trust the special trust  be either lawful or unlawful the special trust unlawful be accord to the case  provide for by ancient statute of the profit as where it be to defraud  creditor or to get man to maintain suit or to defeat the tenancy to the  precipe or the statute of mortmain or the lord of their wardship or the like  and those be term fraud Covins or collusion the special trust lawful be as  when I feoff some of my friend because I be to go beyond the sea or because I  will free the land from some several statute or bind which I be to enter into  or upon intent to be infeoff'd or intent to vouch and so to suffer a common  recovery or upon intent that the feoff shall feoff over a stranger and  infinite the like intent and purpose which fall out in man deal and occasion  and this we call confidence and the book do call they intent but where the  trust be not special nor transitory but general and permanent there it be a  use and therefore these three be to be distinguish and not confound by Covin  confidence use so as now we be come by negative to the affirmative what a use  be agreeable to the definition in Plowden de lamers case where it be say use  be a trust repose by any person in the terre tenant that he may suffer he to  take the profit and he that will perform his intent but it be a short speech  to say that use be dommium holding on trust use be a owner life in trust so  that use be status sive possession all differ secundum account door how  secundum nature rei for that one of they be in court of law the other in court  of conscience and for a trust which be the way to a use it be exceed well  define by a civilian of great understanding fides be obligation   knowledge  unjus and thought of one another and they have a good division likewise of  right justice precarium justice holding on trust justice fixed by law a right  in courtesy for the which there be no remedy at all a right in trust for which  there be a remedy only but in conscience a right in law so much of the nature  and definition of a use it follow to consider the part and property of a use  wherein by the consent of all book and it be distinct deliver by justice  Walmeley in Elizabeth that a trust consist upon three part the first that the  feoff will suffer the feoff to take the profit the second that the feoff upon  request of the feoff or notice of his will will execute the estate to the  feoff or his heir or any other by his direction the three that if the feoff be  seize and so the feoff disturb the feoff will re-enter or bring a action to  recontinue the possession so that those three pernancy of profit execution of  estate and defence of the land be the three point of trust the property of a  use they be exceed well set forth by former justice in the same case and they  be three use say he be create by confidence press by privity which be nothing  else but a continuance of the confidence without interruption and order and  guide by conscience either by the private conscience of the feoff or the  general conscience of the estate which be chancery the two former of which  because they be matter more through Beatrice and we shall have occasion to  handle they we will not now debate upon but the three we will speak somewhat  of both because it be a key to open many of true reason and termings of use  and because it tend to decide out great and principal doubt at this day cokee  soliciter enter into his argument of Chudleyes case say sharp and fit I will  put never a case but shall be of a use for a use in law have no fellow meaning  that the learning of use be not to be match with other learning Anderson chief  justice in the argument of the same case do true and profound control the  vulgar opinion collect upon the five e that there may be possession brother of  a use for he say that it be no more but that the Chancelee will consult with  the rule of law where the intention of the party do not special appear and  therefore the private conceit which Glanville justice cite in the queen in the  case of Corbet in the common plea of one of lincoln's inn who he nam not but  seem to allow be not sound which be that a use be but a limitation and do  ensue the nature of a possession this very conceit be set on foot in h in the  lord Darcies case in which time they begin to heave at use for there after the  realm have many age together put in ure the passage of use by will they begin  to argue that a use be not devisable but that it do ensue the nature of the  land and the same year after this statute be make so that this opinion seem  ever to be and for ever to a Act of parliament touch use and if it be so mean  now mean I like it well but in the mean time the opinion it self be to be  recite and because in the same case of Corbet reverend judge of the court of  common plea do deliver and publish their opinion though not direct upon the  point adjudge yet obiter as one of the reason of their judgement that a use of  inheritance can not be limit to cease and again that the limitation of a new  use can not be to a stranger rule use mere accord to the ground of possession  it be worth the labour to examine that learning by Henry you may collect that  if the feoff have be seize by the commonlaw and a ancestor collateral of Cesty  and use have release unto the seize and his warranty have attach upon Cesty  and use yet the chancellor upon this matter show will have not respect unto it  to compel the feoff to execute the estate unto the seize for there the case be  that Cesty and use entail have make a assurance by fine and recovery and by  warranty which descend upon his issue two of the judge hold that the use be  not extinct and Bryan and Hussey that hold the contrary say that the commonlaw  be alter by the new statute whereby they admit that by the commonlaw that  warranty will not bind and extinct a right of a use as it will do a right of  possession and the reason be because the law of collateral guaranty be a hard  law and not to be consider in a court of conscience in Edward it be say that  if Cesty and use be attaint quaere who shall have the land for the lord shall  not have the land so as there the use do not imitate the possession and the  reason be because the lord have a tent be by Title for that be nothing to the  subpoena because the feoff intent be never to advance the lord but only his  own blood and therefore the quaere of the book arise what the trust and  confidence of the feoff do tie he to do as whether he shall not sell the land  to the use of the feoff will or in pious use so favourable they take the  intent in those day as you find in h that if a man have appoint his use to one  for life the remainder in fee to another and Cesty and use for life have  refuse because the intent appear not to advance the heir at all nor he in  reversion present the feoff shall have the estate for life of he that refuse  some way to the behoof of the feoff but to proceed in some better order  towards the disproof of this opinion of limitation there be four point wherein  we will examine the nature of use the raise of they the preserve of they the  transfer of they the extinguish of they in all these four you shall see  apparent that use stand upon their own reason utter differ from case of  possession I will have one case show by man learned by the law where there be  a deed and yet there needs a consideration as for parole the law adjudge it  too light to give a use without consideration but a deed ever in law import a  consideration because of the deliberation and ceremony in the confession of it  and therefore in queen it be solemn agree that in the queen case a false  consideration if it be of record will hurt the patent but want of  consideration do never hurt it and yet they say that a case be but a nimble  and light thing and now contrariwise it seem to be weighty then any thing else  for you can weigh it up to raise it neither by deed nor deed enrol without the  weight of consideration but you shall never find a reason of this to the world  end but in the law but it be a reason of chancery and it be this that no court  of conscience will enforce all gratuitum though the intent appear never so  clear where it be not execute or sufficient pass by law but if money have be  pay and so a person damnify or that it be for the establishment of his house  then it be a good matter in the chancery so again I will see in the law a case  where a man shall take by a conveyance be it by deed livery or word that be  not party to the grant I do not say that the delivery must be to he that take  by the deed for a deed may be deliver to one man to the use of another neither  do I say that he must be party to the delivery of the deed for he in the  remainder may take though he be not party but he must be party to the word of  the grant here again the case of the use go single and the reason be because a  conveyance in use be nothing but a publication of the trust and therefore so  as the party trust be declare it be material to who the publication be so much  for the raise of use there be no case in the commonlaw wherein notice simple  and naked be material to make a Covin or sharing in sin and therefore if the  heir which be in by dissent feoff one which have notice of the seize if he be  not a seize de facto it be nothing so in h if a feoff be make upon collusion  and feoff make a feoff over upon good consideration the collusion be discharge  and it be not material if they have notice or no so as it be put in h if a  sale be make in a market over upon consideration although it be to one that  have notice that they be steal good yet the property of a stranger be bind  though in the book before remember Henry some opinion to the contrary which be  clear no law so in e if asset descend to the heir and he alien it upon good  consideration although it be to one that have notice of the debt or of the  warranty it be good enough so if a man enter of purpose into my land to the  end that a stranger which have right shall bring his praecipe and evict the  land I may enter notwithstanding any such recovery but if he enter have notice  that the stranger have right and the stranger likewise have notice of his  entry yet if it be not upon confederacy or collusion between they it be  nothing and the reason of these case be because the commonlawlooketh no  furtherthen to see whether the Act be mere right of way for cattle to touch in  fraud law and wheresoeverit find consideration give it discharge the covin but  come now to the case of use and there it be otherwise as it be in h and h and  diverse other book which prove that if the feoff sell the land for good  consideration to one that have notice the purchaser shall stand seize to the  ancient use and the reason be because the chancery look further then the  commonlaw to the corrupt conscience of he that will deal in the land know it  in equity to be another and therefore if there be radix bitterness. the  consideration purge it not but it be at the peril of he that give it so that  consideration or no consideration be a issue at the commonlaw but notice on  notice be a issue in the chancery and so much for the preserve of use for the  transfer of use there be no case in law whereby a action be transfer but the  subpoena in case of use be always assignable nay further you find twice h Fol  Pla foe and Pla that a right of use may be transfer for in the former case  Montague make the objection and say that a right of use can be give by fine  but to he that have the possession Fitzherbert Herbert answer yes well enough  quaere the reason say the book and in the latter case where Cesty and use be  feoff by the seize of the feoff and make a feoff over Englefield doubt whether  the second feoff shall have the use Fitzherbert Herbert say I marvel you will  make a doubt of it for there be no doubt but the use pass by the feoff to the  stranger and therefore this question needs not to have be make so the great  difficulty in queen Delamers case where the case be in effect tenant in tail  of a use the remainder in fee tenant in tail make a feoff in fee tenant by the  statute of I r and the feoff feoff he in the remainder of the use who make it  over and there question be make whether the second feoff shall have the use in  remainder it be say that the second feoff must needs have the best right in  conscience because the first Feostee claim nothing but in trust and the rest  and use can claim it against his sale but the reason be apparent as be touch  before that a use in be be but a thing in action or in suit to be bring in  court of conscience and where the subpoena be to be bring against the feoff  out of possession to recontinue the estate always the subpoena may be transfer  for still the action at the commonlaw be not stir but remain in the feoff and  so no mischief of maintenance or transfer right and if a use be but a right  may be assign and pass over to a stranger a much strong it may be limit to a  stranger upon the privity of the first conveyance as shall be handle in  another place and as Glanville justice say he can never find by any book or  evidence of antiquity a continge use limit over to a stranger I answer first  it be no marvel that you find no case before e time of contingent use where  there be not six of use in all and the reason I doubt be man do choose well  who they trust and trust be well observe and at this day in Ireland where use  be in practice case of use come seldom in question except it be sometime upon  the alienation of tenant in tail by fine that the feoff will not be bring to  execute estate to the disinheritance of ancient blood but for experience and  the conveyance there be nothing more usual in Obysts then to will the use of  the land to certain person and their heir so long as they shall pay the  chancery priest their wage and in default of payment to limit the use over to  other person and their heir and so in case of forfeiture through many degree  and such conveyance be as ancient as r time now for determine and extinguish  of use I put the case of collateral guaranty before and to that the notable  case of h Hautsemmes case where this very point be in the principal case for a  rend out of land and the land it self in case of possession can stand together  but the rend shall be extinct but there the case be that the use of the land  and the use of the rend shall stand well enough together for a rend charge be  grant by the feoff to one that notice of the use have and rule that the rend  be to the ancient use and both use be in be to make like semel and though  Brudnell chief justice urge the ground of possession to be otherwise yet he be  over rule by the other three justice and brook say unto he he think he argue  much for his pleasure and to conclude we see the thing may be avoid and  determine by the ceremony and act like unto those by which be create and raise  that which pass by livery ought to be avoid by entry that which pass by grant  by claim that which pass by way of charge determine by way of discharge and so  a use which be raise but by a declaration or limitation may cease by word of  declaration or limitation as the civil law say in his to greater extent  concurrent circumstances  be how ut the same manner res to take apart a who  to put for the conception and progression of use I have for a precedent in  they other law because state and common wealth have common accident and I find  in the civil law that that which come near in name to the use be nothing like  in matter which be use produce for use produce et dominium be with they as  with their particular tenancy and inheritance but that which resemble the use  most be trust commission and therefore you shall find in justice lib that they  have a from in testament to give inheritance to one to the use of another heir  to put Cajum funeral pyre antem te caie ut inheritance to set up again and the  text of the civilian say that for a great time if the heir do not as he be  require Cesty and use have no remedy at all until about the time of Augustus  Caesar there grow in custom a flatter from of trust for they pen it thus  funeral pyre te per health Augusti or per chance Augusti c whereupon August we  take the breach of trust to sound in derogation of himself and make a  Commission to the praetor to give remedy in such case whereupon within the  space of a hundred year these trust do spring and speed so fast as they be  force to have a particular chancellor only for use who be call praetor  the god of faith Commissarius and long after the inconvenience of they be find  they resort unto a remedy much like unto this stature for by two decree of  senate call senatus consult Frebesianum et Pegasianum they make Cesty and use  to be heir in substance I have seek likewise whether there be any thing which  make with they in our law and I find the Persian chief baron in the argument  of Chudleyes case compare they to copy holder and apt for many respect first  because a use seem to be a hereditament in the l court second this conceit of  limitation have be troublesome in copy holder as well as in use for it have be  of late day question whether there shall be tenancy by the courtesy  discontinuances and recovery of copy holder in the nature of inheritance at  the commonlaw and still the judgement have weigh that you must have particular  custom in copy hold as well as particular reason of conscience in use and the  limitation recite and three because they both grow to no remedy at all against  the lord and be as tenancy at will afterward it grow to have remedy in  chancery afterward against their lord by trespass at the commonlaw and now  last the law be take by some that they have remedy by ejection of Firmum  without a special custom of lease do no doubt in use at the first the chancery  make question to give remedy until use grow more general and the chancery more  eminent and then they grow to have remedy in conscience but they can never  obtain any manner of remedy at the commonlaw neither against the feoff nor  against stranger but the remedy against the feoff be best by subpoena and the  remedy against Sttangers to the feoff now for the case whereupon use be but in  practice cokee in his read do say well that they be produce sometime for fear  and many time for fraud but I hold that neither of these case be so much the  reason of use as another reason in the beginning which be that land by the  commonlaw of England be not testamentary or devisable and of late year since  the statute the case of the conveyance for spare of purchase and execution of  estate and now last of all express liberty of will in man mind affect to have  the assurance of their estate and possession to be revocable in their own time  and irrevocable after their own time now for the commencement and proceed of  they I have consider what it have be in course of commonlaw and what it have  be in course of statute for the commonlaw the conceit of Shelly in h and of  polard in h seem to I to be without ground which be that the use succeed the  tenure for that the statute of because buyer the earth which be make e have  take away the tenure between the feoff and the Feoffce and leave it to the  lord paramount they say that the feoff be then mere without consideration  shall therefore intend a use to the feoff which can be for by that reason if  the feoff before the statute have be make tenendum de of the head owner as it  must be there shall have be a use unto the feoff before that statute and again  if a grant have be make of such thing as consist not in tenure as advowson  rend villain and the like there shall have be a use of they wherein the law be  quite contrary for after the time that use grow common it be nevertheless a  great doubt whether thing that do lie in grant do not carry a consideration in  themselves because of the deed and therefore I do judge that the intendment of  a use to the feoff where the feoff be make without consideration grow long  after when use wax general and for this reason because when feoff be make and  that it rest doubtful whether it be in use or in purchase because purchase be  thing notorious and use be thing secret the chancellor think it more  convenient to put the purchaser to prove his consideration then the feoff and  his heir to prove the trust and so make the indentment towards the use and put  the proof upon the purchaser and therefore as use be at the commonlaw in  reason for whatsoever be not by statute nor against law may be say to be at  the commonlaw and both the general trust and the special be thing not prohibit  by the law though they be not remedy by the law so the experience and practice  of use be not ancient and my reason why I think so be these first I can find  in my evidence before king r his time the clause and opus et use and the very  Latin phrase be much pure as you may see by bractons write and by ancient  patent and deed and chief by the register of writ which be good Latin wherein  this phrase and opus use and the word and opus be a barbarous phrase and like  enough to be in the pennin of some chaplain that be not much pass his grammar  where he have find opus use couple together and that they do govern a ablative  case as they do indeed since this statute for they take away the land and put  they into a conveyance second I find in no private Act of attainder in the  clause of forfeiture of land S which he have in possession or in use until  Edward his reign three I find the word use in no statute until Richard cap of  proviso and in Richard of Mortmame fourthly I collect out of cokees speech in  Edward where he say that by the advice of all the judge it be think that the  subpoena do not lie against the heir of the feoff which be in by law but Cesty  and use be drive to his bill in parliament that use even in that time be but  in their infancy for no doubt but at the first the chancery make difficulty to  give remedy at all but to leave it to the particular conscience of the feoff  but after the chancery grow absolute as may appear by the statute of Henry  that complaint in chancery shall enter into bind to prove their suggestion  which seem that the chancery at that time begin to embrace too far and be use  for vexation yet nevertheless it make scruple to give remedy against the heir  be in by Act in law though he be privy so that it can be that use have be of  any great continuance when they make a question as for the case of matrimony  Prelomti it have no affinity with use for wheresoever there be remedy at the  commonlaw by action it can be intend to be of the nature of a use and for the  book common vouch of ass where the earl call the possession of a Conizee upon  a fine levy by consent a entry in Auterdroit and of e where there be mention  of the feoff that sue by petition to the king they be but implication of no  moment so as it appear the first practice of use be about Richard his time and  the great multiply and over spread of they be partly during the war in France  which draw most of the nobility to be absent from their possession and partly  during the time of the trouble and civil war between the two house about the  Title of the crown now to conclude the progression of use in course of statute  I do note three special point that a use have never any force at all at the  commonlaw but by statute law that there be never any statute make direct for  the benefit of Cesty and use as that the dissent of a use shall toll a entry  or that a release shall be good to the partner of the profit or the like but  always for the benefit of stranger and other person against Cesty and use and  his feoff for though by the statute of Richard he may alter his feoff yet that  be not the scope of the statute but to make good his assurance to other person  and the other come in et to turn aside that the special intent unlawful and  covenous be the original of use though after it induce to the lawful intent  general and special for Edward be the first statute I find wherein mention be  make of the take of profit by one where the estate in law be another for as to  the opinion in henr that in case of the statute of marlebridge the feoff take  the profit it be but a conceit for the law be this day that if a man feoff his  old son within age and without consideration although the profit be take to  the use of the son yet it be a feoff within the statute of religious devotee  and as for Edward which prohibit general that religious person shall not  purchase be well ingenio yet it make no mention of a use but it say  multicolored donation termini well alicusus distinction recite there three  from of conveyance the gift the long lease and feign recovery which gift can  be understand of a gift to a stranger to their use for that come to be help by  Richard long after but to proceed in Edward a statute be make for the relief  of creditor against such as make covin gift of their land and good and convey  their body into sanctuary there live high upon other good and therefore that  statute make their land liable to their creditor execution in that particular  case if they take the profit in Richard a statute be make for relief of those  as have right of action against those as have renounce the tenancy of the  praecipe from they sometime by infeoffing great person for maintenance and  sometime by secret feoff to other whereof the defendant can have no notice and  therefore the statute make the recovery good in all action against the first  feoff as they take the profit and see that the defendant bring their action  within a year at their expulsion Richard cap session a imperfection of the  statute of Edward be help for whereas the statute take no place but where the  defendant appear and so be frustrate the statute give upon proclamation make  at the gate of the place privilege that the land shall be liable without  appearance in r a statute be make for the restraint of alien to take thy  benefice or dignity ecclesiastical or farm of Administration to they without  the king special licence upon pain of the statute of provisor which be remedy  by a former statute where the alien take it to his own use it be by that  statute remedy where the alien take it to the use of another as it be say in  the book though I guess that if the record be search it shall be if any other  purchase to the use of a alien and that the word or to the use of another  shall be or any other to his use Richard cap a statute be make for the relief  of lord against mortmain where feoff be make to the use of corporation and a  ordinance make that for feoff pass the feoff shall before a day either  purchase licence to amortise they or alien they to some other use or other  feoff to come they shall be within the statute of mortmain Henry cap the  statute of Richard be enlarge in the limitation of time for whereas the  statute do limit the action to be bring within the year of the feoff this  statute in case of a seize extend the time to the life of the seize and in all  other action leave it to the year from the time of the action grow Henry cap  that statute of Henry be declare because the conceit be upon the statute that  in case of seize the limitation of the life of the seize go only to the assize  of non et seize and to no other action and therefore that statute declare the  former law to extend to all other action ground upon novel seize Henry cap a  statute be make for relief of he in remainder against particular tenant for  life or year that assign over their estate and take the profit and then commit  waste against they therefore this statute give a action of waste be provisor  of the profit in all this course of statute no relief be give to purchaser  that come in by the party but to such as come in by law as defendant in  praecipes whether they be creditor Disseisors or lessors and that only of  mortmain and note also that they be all in case of special Convenous intent as  to defeat execution tenancy to the praecipe and the statute of mortmain as  provisor from Henry to r be the space of fifty year there be a silence of use  in the statute book which be at that time when no question they be favour most  in Richard cap come the great statute for relief of those that come in by the  party and at that time a use appear in his likeness for there be not a word  speak of take the profit to describe a use by but of claim to a use and this  statute ordain that all gift feoff grant c shall be good against the feoff  dower and grantors and all other person claim only to their use so as here the  purchaser be full relieve and Cesty and use be obiter enable to charge his  feoff because there be no word in the statute of feoff grant c upon good  consideration but general in Henry time new statute be make for further help  and remedy to those that come in by Act in law as first Henry cap a formedon  be give without limitation of time against Cesty and use and obiter because  they make he a tenent they give he advantage of a tenant as of age and voucher  quaere Henry the ward ship of the heir of Cesty and use be die and no will  declare be give to the lord as if he have die seize in demean and action of  waste give to the heir against the guardian and damage if the lord be bar in  his writ of ward and relief be likewise give unto the lord if the heir hold  the knight service be of full age Henry cap there be relief give in three case  first to the creditor upon matter of record as upon recognizance statute or  judgement whereof the two former be not aid at all by any statute and the last  be aid by a statute of e and Richard only in case of sanctuary man second to  the lord in foccage for their relief and Herriots upon death which be omit in  the Henry and last to the lord of villain upon a purchase of their villain in  use Henry cap a further remedy be give in a case like unto the case of  mortmain for in the statute of Richard remedy be give where the use come and  shades of dead  corpse which be when it come to some corporation now when use  be limit to a thing Act or work and to a body as to the reparation of a church  or a abbot or to a guild or fraternity as be only in reputation but not  incorporate as to parish or such guild or fraternity as be only in reputation  but not incorporate that case be omit which by this statute be remedy not by  way of give entry unto the lord but by way of make the use utter void neither  do the statute express to who benefit the use shall be make void either the  feoff or feoff but leave it to law and add a provisoe that use may be limit  twenty year from the gift and no long this be the whole course of statute law  before this statute touch use thus have I set forth unto you the nature and  definition of a use the difference and trust of a use and the part and quality  of it and by what rule and termings use shall be guide and order by a  precedent of they in our law the cause of the spring and spread of use the  continuance of they and the proceed that they have have both in commonlaw and  statute law whereby it may appear that a use be no more but a general trust  when any one will trust the conscience of another better then his own estate  and possession which be accident or event of humane society which have be and  will be in all law and therefore be at the commonlaw which be common reason  Fitzherbert Herbert say in the Henry common reason be commonlaw and not  conscience but common reason do define that use shall be remedy in conscience  and not in court of law and order by rule in conscience and not by straight  rule of law for the commonlaw have a kind of a rule and survey over the  chancery and therefore we may true conclude that the force and strength that a  use have or have in conscience be by commonlaw and the force that it have or  have by commonlaw be only by statute now follow in time and matter the  consideration of this statute of principal labour for those former  consideration which we have handle serve but for introduction this statute as  it be the statute which of all other have the great power and operation over  the heritage of the realm so howsoever it have be by the humour of the time  pervert in exposition yet in it self be most perfect and exact conceive and  pen of any law in the book induce with the most declare and persuade preamble  consist and stand upon the wise and fit ordinance and qualify with the most  before see and circumspect save and promise and last the ponder in all the  word and clause of it of any statute that I find but before I come to the  statute it self I will note unto you three matter of circumstance the time of  the statute the Title of it the precedent or pattern of it for the time of it  be in Henry when the king be in full peace and a wealthy and flourish estate  in which nature of time man be most careful of their possession aswell because  purchase be most stir as again because the purchaser when he be full be no  less careful of his assurance to his child and of dispose that which he have  get then he be of his bargain for the compass thereof