READING ON THE STATUTE OF USES. 331 



In 19 H. VII. cap. 15, there is relief again in three cases, 

 first to the creditors upon matter of record, as upon recog 

 nisance, statute, or judgment, whereof the two former were 

 not aided at all by any statute : and the last was aided by 

 a statute of 50 E. III. and 2 R. II. only in cases of sanc 

 tuary men. Secondly, to the lords in soccage for the reliefs, 

 and herriots upon death, which was omitted in the 4 H. VII. 

 and lastly to the lords of villains, upon the purchase of their 

 villains in use. 



In 23 H. VIII. cap. 10, a further remedy was given in 

 a case like unto the case of mortmain; for in the statute 

 of 15 R. II. remedy was given where the use came ad 

 manum mortuam, which was when it came to some corpo 

 ration: now when uses were limited to a thing, apt or 

 worthy, and not to a person or body, as to corporation of a 

 church or chaplain, or obiit, but not incorporate as to priests 

 or to such guilds or fraternities as are only in reputation, 

 and riot incorporate, the case was omitted, which by the 

 statute was remedied, but not by way of giving entry unto 

 the lord, but by way of making the use utterly void; neither 

 doth the statutes express to whose benefit the use shall be 

 void, either the feoffor or feoffee, but leaveth it to law, and 

 addeth a proviso, that such uses may be limited from the 

 gift, and no longer. 



This is the whole course of the statute law, before this 

 statute. Thus have I set forth unto you the nature and 

 definition of a use, the differences and trusts of a use, the 

 parts of a use, the qualities of it ; and by what rules and 

 learnings uses shall be guided and ordered : a precedent of 

 them in other laws, the causes of the springing and pro 

 ceeding of them, the continuance of uses, and the proceed 

 ing that they have had both in common and statute law ; 

 whereby it may appear, that a use is no more but a general 

 trust when a man will trust the conscience of another better 

 than his own estate and possession, which is an accident 

 or event of him and society, which hath been, and will be 

 in all laws, and therefore was at the common law; for as 

 Fitzherbert saith in the 14 H. VIII. common reason is com- 14 H. 8. 4. 

 mon law, and not conscience ; but common reason doth 

 define that uses should be remedied in conscience, and not 

 in courts of law, and ordered by rules in conscience, and 

 not by straight cases of law ; for the common law hath a 

 kind of rule on the chancery, to determine what belongs 

 unto the chancery. And therefore we may truly conclude, 

 that the force and strength o f the use had or hath in con- 



