240 THE USE OF THE LAW. 



his action, nor who was owner of it. The wife was de 

 frauded of her thirds; the husband of being tenant by 

 courtesy; the lord of his wardship, relief, heriot, and es 

 cheat; the creditor of his extent for debt; the poor tenant 

 of his lease, for these rights and duties were given by law 

 from him that was owner of the land, and none other, 

 which was now the feoffee of trust, and so the old owner, 

 which we call the feoffor, should take the profits, and leave 

 the power to dispose of the land at his discretion to the 

 feoffee, and yet he was not such a tenant as to be seised of 

 the land, so as his wife could have dower, or the lands be 

 extended for his debts, or that he could forfeit it for felony 

 or treason, or that his heir could be ward for it, or any duty 

 of tenure fall to the lord by his death, or that he could 

 make any leases of it. 



The frauds of Which frauds, by degrees of time, as they increased, 



conveyances to we re remedied by divers statutes ; as, namely, by a statute 



Jtime^asufey of l H - VL and 4 H - VIIL ifc was appointed that the action 



increased, were may be tried against him which taketh the profits, which 



remedied by the was then cestuy que use by a statute made 1 R. III. Leases 



4^8! i 11. 3\ anc * esta tes made by cestuy que use are made good, and 



4H.7. iGH.s! statutes by him acknowledged. 4 H. VII. the heir of cestuy 



que use is to be in ward. 16 H. VIIL the lord is to have 



relief upon the death of any cestuy que use. 



Which frauds nevertheless multiplying daily, in the end 

 27 H. 8. taking 27 H. VIIL the parliament, purposing to take away all 

 a a y a1 ^ u * es those uses, and reducing the law to the ancient form of 

 la W U to th e l a n- conveying of lands by public livery of seisin, fine, and reco- 

 cient form of very, did ordain, that where lands were put in trust or use, 

 conveyances of there the possession and estate should be presently carried 

 ment, fine, and ou t of the friends in trust, and settled and invested on him 

 recovery. that had the uses, for such term and time as he had the use. 

 inwhat manner By this statute of 27 H. VIIL the power of disposing 

 S e 8 Stat iveth 32 ^ and ky will is clearly taken away amongst those frauds; 

 powe/toVis- whereupon 32 H. VIIL another statute was made, to give 

 pose of lands men power to give lands by will in this sort. First, it 

 by will. must be by will in writing. Secondly, he must be seised 



of an estate in fee-simple ; for tenant for another man s 

 life, or term in tail, cannot give land by will, by that sta 

 tute, 32 H. VIIL he must be solely seised, and not jointly 

 seisecTof capite with another ; and then being thus seised, for all the land 

 lands and soc- he holdeth in soccage tenure, he may give it by will, except 

 d^i^but^wcf ^ e k^ an y pi ece ? l an( i in capite, by knight s service of 

 parts of the the king ; and then, laying all his lacks together, he can 

 whole. give but two parts by will, for the third part of the whole, 



