238 THE USE OF THE LAW. 



is with me ; and this equity is called the use, upon which 



I had no remedy but in Chancery, until this statute was 

 Before 27 H. 8. made of 27 H. VIII. and now this statute conjoineth and 

 me71 a r ause&quot; c ntain eth the land to him that hath the use. I for my 

 b^t m cihan- money paid to you have the land itself, without any other 

 eery. conveyance from you, and it is called a bargain and sale. 



The stat. of 27 But the parliament that made that statute did foresee 

 H. 8. doth not that it would be mischievous that men s lands should so 

 the 8 a^mtiuof 1 su( ldenly, upon the payment of a little money, be conveyed 

 mottevwithottt from them, peradventure in an alehouse or a tavern, upon 

 a deed indented strainable advantages, did therefore gravely provide another 

 and enrolled. ac j n ^.j ie same parliament, that the land, upon payment of 



this money, should not pass away, except there were a 

 The stat. of 27 writing indented made between the said two parties, and 

 H. 8. extendeth the said writing also within six months enrolled in some 

 and corpomte of the courts at Westminster, or in the sessions rolls in the 

 towns where shire where the land lieth, unless it be in cities or corporate 

 they did use to towns where they did use to enrol deeds, and there the 

 enrol deeds. statut e extendeth not. 



A conveyance The fifth conveyance of a fine is a conveyance to stand 

 to stand seised se ised to uses. It is in this sort ; a man that hath a wife 



and children, brethren, and kinsfolk, may, by writing under 

 Upon an agree- his hand and seal, agree that for their or any of their pre- 

 ment in writing ferment he will stand seised of his lands to their uses, either 



to theuse^of any ^ r ^ e * n * a ^ r ^ Qe &amp;gt; SO as ^ e s ^ ia ^ see Cause j Upon which 



of his kindred, a agreement in writing there ariseth an equity or honesty, 

 use may be ere- that the land should go according to those agreements; 

 estate ^of the nature an d reason allowing these provisions, which equity 

 land thereupon and honesty is the use. And the use being created in this 

 executed, by sor t, the statute of 27 H. VIII. beforementioned, conveyeth 



the estate of the land, as the use is appointed. 



A covenant to And so this covenant to stand seised to uses is at this day, 

 stand seised to since the said statute, a conveyance of land, and with this 

 notnnfaent difference fr m a bargain and sale ; in that this needeth no 

 as a bargain enrolment as a bargain and sale doth, nor needeth it to be 

 andsaletoause in writing indented, as bargain and sale must: and if the 

 doth, so it be to party to whose use he agreeth to stand seised of the land, 



the use of wife, f J . , ., , ,1,1 ,1 



child,or cousin, be not wife, or child, cousin, or one that he meaneth to 

 or one he mean- many, then will no use rise, and so no conveyance; for 

 eth to many, although the law alloweth such weighty considerations of 

 marriage and blood to raise uses, yet doth it not admit so 

 trifling considerations as of acquaintance, schooling, ser 

 vices, or the like. 



Upon a fine, fe- But where a man maketh an estate of his land to others 

 offment, or re- j^y fi ne ^ feofftnent, O r recovery, he may then appoint the use 



