326 READING ON THE STATUTE OF USES. 



medy by ejectione firmci ; without a special custom of leas 

 ing. So no doubt in uses : at the first the chancery made 

 question to give remedy, until uses grew more general, and 

 the chancery more eminent ; and then they grew to have 

 remedy in conscience : but they could never maintain any 

 manner of remedy at the common law, neither against the 

 feoffee, nor against strangers ; but the remedy against the 

 feoffee was but by the subpoena ; and the remedy against 

 strangers to the feoffee by subpoena. 



The causes of Now for the causes whereupon uses were put in practice : 

 them. Master Coke, in his reading, doth say well, that they were 



produced sometimes for fear, and many times for fraud. 

 But I hold that neither of these cases were so much the 

 reasons of uses, as another reason in the beginning, which 

 was, that the lands by the common law of England were 

 not testamentary or devisable ; and of late years, since the 

 statute, the case of the conveyance for sparing of purchases 

 and execution of estates ; and now, last of all, an express 

 liberty of will in men s minds, affecting to have assurances 

 of their estates and possessions to be revocable in their own 

 times, and irrevocable after their own times. 



Their com- Now for the commencement and proceeding of them, I 



mencement and have considered what it hath been in course of common 

 Fh-sMn course ^ aw ? an( * what it hath been in course of statute. For the 

 of common law. common law, the conceit of Shelley, in 24 H. VIII. and of 

 27 H. 8. 9, 10. Pollard, in 27 H. VIII. seemeth to me to be without ground, 

 which was, that the use succeeded the tenure : for that the 

 statute of Quia emptores terrarum, which was made 18 E. I. 

 had taken away the tenure between the feoffor and the 

 feoffee, and left it to the lord paramount ; they said that 

 the feoffment, being then merely without consideration, 

 should therefore intend a use to the feoffor, which cannot 

 be ; for, by that reason, if the feoffment before the statute 

 had been made tenendum de capitalibus dominis, as it might 

 be, there should have been a use unto the feoffor before that 

 statute. And again, if a grant had been of such things as 

 consist in tenure, as advowsons, rents, villains, and the like, 

 there should have been a use of them, wherein the law was 

 quite contrary ; for after the time that uses grew common, 

 yet it was, nevertheless, a great doubt whether things that 

 did lie in grant, did not carry a consideration in themselves 

 because of the deed. 



7 E. 4. 16. And therefore I do judge that the intendment of a use to 



Lam tr iu g h. V the feoffor &amp;gt; where the feoffment was without consideration, 

 Silk. 678. g r ew long after, when uses waxed general; and for this 



Ld.D acre s 

 case. 



