318 READIXG ON THE STATUTE OF USES. 



The special trust is either lawful or unlawful. 

 The special trust unlawful is, according to the cases pro 

 vided for by ancient statutes of fermours of the profits ; as 

 where it is to defraud creditors, or to get men to maintain 

 suits, or to defeat the tenancy to the pracipe, or the statute 

 of mortmain, or the lords of their wardships, or the like ; 

 and those are termed frauds, covins, or collusions. 



The special trust lawful is, as when I infeoff some of my 

 friends, because I am to go beyond the seas, or because I 

 would exempt the land from some general statute, or bond, 

 which I am to enter into, or upon intent to be reinfeofFed, 

 or intent to be vouched, and so to suffer a common recovery, 

 or upon intent that the feoffees shall infeoff over a stranger, 

 and infinite the like intents and purposes, which fall out in 

 men s dealings and occasions ; and this we call confidence, 

 and the books do call them intents ; but where the trust is 

 not special, nor transitory, but general and permanent, 

 there it is a use ; and therefore these three are to be dis 

 tinguished, and not confounded ; the covin, the confidence, 

 and the use. 



Secondly, af- So as now we are come by negatives to the affirmative, 

 firmativeiy. what a use is, agreeable to the definition in Plowden, 352. 

 CimdEeigh V ^ n Barnard and Delamer s case, where it is said : that 

 case, Poph. 71, Use is a trust reposed in any person by the terre-tenant, 

 72. Deiamer s that he may suffer him to take the profits, and that he will 

 343 35 perform his intent. 

 Dyer, 186. But it is a shorter speech to say, that 



Usus est dominium fiduciarium : Use is an owner s life in 

 trust. 



So that usus et status, s ive possessio,potius differunt secuu- 

 dum rationemfori, quam secundum naturam rei, for that one 

 is in course of law, the other is in course of conscience ; and 

 for a trust, which is the way to a use, it is exceedingly well 

 defined by Azo, a civilian of great understanding : 



Fides est obligatio conscientite unius ad intentionem al- 

 terius. 



And they have a good division likewise of rights when 

 they say there is 



Jus precarium : Jus fiduciarium : Jus legitimum. 



1. A right in courtesy, for the which there is no remedy 

 at all 



2. A right in trust, for which there is a remedy, but 

 only in conscience. 



