THE USE OF THE LAW. 239 



to whom he listeth, without respect of marriage, kindred, may limit the 

 or other things : for in that case his own will and declara- J^V? T llon ^i 



.,,=&amp;gt; P1 t. . , he listeth, with - 



tion guideth the equity ot the estate. It is not so when out considera- 

 he maketh no estate, but agreeth to stand seised, nor when tionofblood,or 

 he hath taken any thing-, as in the cases of bargain, and m . one y- Other- 



i -. J b&amp;gt; & wise, in a bar- 



sale, and covenant, to Stand to uses. gain and sale, or 



The last of the six conveyances is a will in writing, covenant. 

 which course of conveyance was first ordained by statute Of thecontinu- 

 made 32 H. VIII. before which statute no man might give ^ of laud by 

 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 thought to be a defect The not dispos- 

 at common law ; that men in wars, or suddenly falling in of lands b y 

 sick, had not power to dispose of their lands, except they thoug^to be a 

 could make a feoffment, or levy a fine, or suffer a recovery, defect at the 

 which lack of time would not permit ; and for men to do &amp;gt; mm on law. 

 it by these means, when they could not undo it again, was 

 hard : besides, even to the last hour of death, men s minds 

 mig;ht alter upon further proofs of their children or kindred, 

 or increase of children or debt, or defect of servants, or 

 friends, to be altered. 



For which cause it was reason that the law should per- The court that 

 mit him to reserve to the last instant the disposing of his as invented 

 lands, and to give him means to dispose it, which seeing it of 32H Tsffirat 

 did not fitly serve, men used this device. gave power to 



They conveyed their full estates of their lands, in their devise Iands b y 

 good health, to friends in trust, properly called feoffees in rSKSSiS 

 trust, and then they would, by their wills, declare how their lands to feoffees 

 friends should dispose of their lands; and if those friends in trust &amp;gt; to such 

 would not perform it, the Court of Chancery was to compel JCSuScS? 

 them, by reason of the trust ; and this trust was called the in their will, 

 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 should appoint them ; and if he appointed 

 none, then the use should go to the heir, as the estate itself 

 of the land should have done ; for the use was to the estate 

 like a shadow following the body. 



By this course of putting lands into use, there were The inconveni- 

 many inconveniences (as this use which grew first for a ences of putting 

 reasonable cause), viz. to give men power and liberty to land into use&amp;lt; 

 dispose of their own, was turned to deceive many of their 

 just and reasonable rights; as, namely, a man that had 

 cause to sue for his land, knew not against whom to bring 



