READING ON THE STATUTE OF USES. 325 



for ususfructus et dominium is, with them, as with us, par 

 ticular tenancy and inheritance. But that which resem- First, in the 

 bleth the use most is, Jidei commisseo, and therefore you c j vil law ;: 

 shall find, in Justinian, lib. 2, that they had a form in testa- d^judicliflib 

 ments, to give inheritance to one to the use of another, i. cap. 5. 

 Haredem constituo Caium; rogo autem te, Caie, ut h&redi- i ns t. i, 2. 

 tatem restituas Scio. And the text of the civilians saith, Tit. 2. 

 that for a great time, if the heir did not as he was required, Jjf^J 3 

 cestuy que use had no remedy at all, until, about the time 

 of Augustus Csesar, there grew in custom a flattering form 

 of trust, for they penned it thus : Rogo te per salutem 

 Augusti, or, per fortunam August i, &c. Whereupon Au 

 gustus took the breach of trust to sound in derogation of 

 himself, and made a rescript to the pr&tor to give remedy 

 in such cases ; whereupon, within the space of a hundred 

 years, these trusts did spring and speed so fast, as they 

 were forced to have a particular chancellor only for uses, 

 who was called prcntor Jidei-commissarius ; and not long 

 after, the inconvenience of them being found, they resorted 

 unto a remedy much like unto this statute; for, by two 

 decrees of senate, called senatus consultum Trebellianum 

 et Pegasianum, they made cestuy que use to be heir in sub 

 stance. I have sought, likewise, whether there be any Second, in our 

 thing which maketh with them in our law, and I find that law. 

 Periam, chief baron, in the argument of Chudleigh s case, 

 compareth them to copyholders, and aptly for many res 

 pects. 



First, because, as a use seemeth to be an hereditament 

 in the court of chancery, so the copyhold seemeth to be an 

 hereditament in the lord s court. 



Secondly, this conceit of limitation hath been trouble 

 some in copyholders, as well as in uses ; for it hath been 

 of late days questioned, whether there should be dowers, 

 tenancies by the courtesy, intails, discontinuances, and re 

 coveries of copyholds, in the nature of inheritances, at the 

 common law; and still the judgments have weighed, that 

 you must have particular customs in copyholds, as well 

 as particular reasons of conscience in use, and the limita 

 tion rejected. 



And thirdly, because they both grew to strength and 

 credit by degrees; for the copyholder first had no remedy 

 at all against the lord, and were as tenancy at will. After 

 wards it grew to have remedy in chancery, and afterwards 

 against their lords by trespass at the common law; and 

 now, lastly, the law is taken by some, that they have re- 



