section release part another cause they allege that if such land be worth  forty shilling a year c then such feoff shall be swear in assize and other  inquest in pleasant real and also in pleasant personal of what great sum  soever the plaintiff will declare c and this be by the commonlaw of the land  ergo this be for a great cause and the cause be for that the law will that  such feoff and their heir ought to occupy c and take and enjoy all manner of  profit issue and revenue c as if the land be their own without interruption of  the feoff notwithstanding such feoff ergo the same law give a privity between  such feoff and the feoff upon confidence c for which cause they have say that  such release make by such feoff upon confidence to their feoff or to his heir  c so occupy the land shall be good enough and this be the better opinion as it  seem quaere for this seem no law at this day by the statute of Henry cap  statute it be enact that in three case he that pass in a inquest ought to have  land and tenement to the valve of forty shilling videlicet first upon trial of  the death of a man second in plea real between party and party and three in  plea personal where the debt or the damage in the declaration amount unto  forty mark and it be worth the note that the judge that be at the make of that  statute do construe it by equity for where the stature speak in the  disjunctive debt or damage they adjudge that where the debt and damage amount  to forty mark that it be within the statute fortescue f say Ubi financial loss  well debt is owed in of act non to forty Marcus  money England from here non  to seek again quoth a swearer in act hujusmodi so much to weigh out to be able  to have yet earth well  To give back and valor to coincide with juxta  separation justice c and forasmuch as the time of the make of this statute the  great part of the land in England in those troublesome and dangerous time when  that unhappy controversy between the house of York and Lancaster be begin be  in use and the statute be make to remedy a mischief that the sheriff use to  return simple man of small or no understanding and therefore the statute  provide that he shall return sufficient man and albeit in law the land be the  feoff yet for that they have it but upon trust and Cesty and use take the  whole profit as our author here say and in equity and conscience the land be  his therefore the judge for advancement and expedition of justice extend the  statute against the letter to Cesty and use not to the feoff n but note if a  man have a freehold pur term dauter vie or be seize in his wife right and be  return on a jury yet if after he be return Cesty and vie or his wife die he  may be challenge and so it be if after the return the land be evict and this  be by the commonlaw here three thing be to be observe first that the sure  construction of a state be by the rule and reason of the commonlaw second that  use be at the commonlaw three that now see the statute g of h can which have  be in enact since Littleton write have transfer the possession to the use this  case hold not at this day but this latter opinion before that statute be good  law as Littleton here take it the same law give a privity hereof it follow  that when the law give to any man any estate or possession the law give also a  privity other necessary of the same and Littleton conclude it with a illative  ergo mesme la lie doubt privity which be very observable for a conclusion in  other case and the quaere here make in the end of this section be not in the  original but add by some other and therefore to be reject also since Littleton  write the say statute of h be alter for where that statute limit forty  shilling now a late statute have raise it to four pound and so it ought to be  contain in the venire facias notam a use be a trust or confidence repose in  some other which be not issue out of the land but as thing collateral annex in  privity to the estate of the land to the person touch the land scilicet that  Cesty and use shall take the profit and that the terre tenant shall make a  estate accord to his direction so as Cesty and use have neither Jus in re nor  Jus and remember but for breach of trust his remedy be only by sub penalty in  chancery and yet the judge for the cause aforesaid make the say construction  upon the say statute now how juror shall be return both in common pleasant and  also in pleasant of the crown and in what manner evidence shall be give to  they and how they shall be keep until they give their verdict you may read in  fortescue therefore needs not to be here insert