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Decisions, Statutes, Etc., Concerning the Law of Estates in Land

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Decisions, Statutes, Etc., Concerning the Law of Estates in Land CHAPTER V . USES AND TRUSTS . I Before the Statute of 27 Henry VIII, c. 10. THE STATUTE OF USES, 15 Rich . II , c. 5, A . D . 1391. Whereas it is contained in the Statute De Religiosis , That no religious , nor other whatsoever he be, do buy or sell or under color of gift , or term , or any other manner of title whatsoever, receive of any man , or in any manner by gift or engine cause to be appropriated unto him any lands or tenements , upon pain of forfeiture of the same, whereby the said lands and tenements in any manner might come to mortmain ; and if any religious, or any other , do against the said statute by art or engine in any manner , that it be lawful to the king and to other lords upon the said lands and tenements to enter ; as in the said statute doth more fully appear : and now of late by subtle imagination and by art and engine some religious persons, parsons, vicars , and other spiritual persons, have entered in divers lands and tenements , which be adjoining to their churches, and of the same, by sufferance and assent of the ten ants , have made church yards , and by bulls of the Bishop of Rome have dedicated and hallowed the same, and in them do make continually parochial burying without license of the king and of the chief lords ; therefore it is declared in this parliament , that it is manifestly within the compass of the said statute ; and moreover it is agreed and assented , that all they that be possessed of feoffment or by other manner to the , , use of religious people or other spiritual persons of lands and tene , , , , ments fees advowsons or any manner other possessions whatsoever to amortise them , and whereof the said religious and spiritual persons take , the profits that betwixt this and the feast of St . Michael next coming by they shall cause them to be amortised the license of the king and , of the lords or else that they shall sell and aliene them to some other , , use between this and the said feast upon pain to be forfeited to the king , , and to the lords according to the form of the said Statute of Religious ; by as lands purchased religious people and that from henceforth no , such purchase be made so that such religious or other spiritual persons , , ; take thereof the profits as afore is said upon pain aforesaid and that , , , the same statute extend and be observed of all lands tenements fees , advowsons and other possessions purchased or to be purchased to the , use of guilds or fraternities . And moreover it is assented because , , , , , mayors bailiffs and commons of cities boroughs and other towns , which have a perpetual commonalty and others which have offices per ( 163 ) 164 USES AND TRUSTS . petual , be as perpetual as people of religion , that from henceforth they shall not purchase to them and to their commons or office upon pain contained in the said Statute De Religiosis ; and whereas others be pos sessed , or hereafter shall purchase to their use, and they thereof take the profits , it shall be done in like manner as is afore said of people of religion . MESSYNDEN V. PIERSON , in Chancery , A . D. 1417 -24 - Select Cases in Chancery No . 117 . To the most reverend and gracious father in God , the Bishop of Durham , Chancellor of England : Humbly beseecheth your continual orator , Thomas Messynden the younger , That whereas Thomas Messynden his father enfeoffed Richard Pierson , parson of the church of Hatcliffe , John West , parson of the church of Bradley , John Barnaby of Barton the younger, and John See of Little Coates , in certain lands and tenements in the town of Healing in the county of Lincoln , to the value of £10 a year , on condition that . the said feoffees should enfeoff the said suppliant in the lands and tene ments aforesaid when he should come to the age of 18 years ; and now the said suppliant is of the age of 18 years and more, and he hath many times requested the said feoffees to enfeoff him in the said lands and tenements according to the wish and condition of his said father ; and they do utterly refuse, and say that they will hold the said lands and tenements to their own use : May it please your most gracious lord ship to grant certain writs to send for the said feoffees on certain pains by you to be limited , to answer before you in the chancery , and to declare wherefore they will not enfeoff the said suppliant according to the wish and condition aforesaid ; for God and in way of charity ; con sidering , most gracious lord , that the said suppliant can have no recov ery at common law . The above is all that appears in the Calendar from which it is taken , spelling modernized . What was done with the case after the bill was filed does not appear. There are very few decrees entered in the calendars . From the fact of the filing of such a bill, and that the same book is filled with others much like it , we may fairly infer that if the allegations were sustained by the proof, a conveyance by the feoffees was ordered , though prayer for such relief should have been made. This particular bill is of interest , among other things , by reason of the fact that it so nearly resem bles the form of the modern bill in chancery ; as do the others found with it ; and the substance of the bill illustrates how such uses were enforced at that time. Observe that the use to the complainant in this case corre sponds in substance with what came to be known as the springing use after the statute of uses , 27 Hen . VIII , c. 10 . The fact that such uses were commonly given effect without question in chancery before the statute , is why they were admitted to be good at law after the statute , though in violation of the law of remainders. THE STATUTE OF USES . 165 EXAMINATION BY THE BISHOP OF BATH AND WELLS , Chancellor of England . Reported in Calendar Chancery vol. 1, p. xliii , also in Digby's History of Real Property (5th ed .) p. 337. Be it had in mind that the x day of August , the reign of King Henry the sixth , after the conquest xvi, [ A . D . 1438 ] . John Glover of Wynte nayse Herteley , in the shire of Southampton , husbandman , and Thomas Attemore , of the same town , husbandman , appearing before the right reverend father in God, the Bishop of Bath and Wells , Chancellor of England , in his manor of Dogmersfield , and there examined severally upon a certain feoffment made to them by one Robert Crody , of certain lands and tenements in the town afore specified , said and confessed expressly by their oaths upon a book , how that said Robert , the Wednes day next after the feast of St. Michael, the year of the reign of King Henry the fifth , after the conquest viii , [ 1421 ] in the evening , lying in a house of his own at the said town , so sore sick in his bed that for his sickness he might not be removed , in to so much that in the same night following he died , called to him the said John and Thomas, saying to them in this manner : “ Sirs, ye be the men in whom I have great trust afore much other persons, and in especial that such will as I shall declare you at this time, for my full and last will, shall through your good help , by our lord 's mercy , be performed ; Wherefore I let you , have full knowledge , that this house which I lie in and all my other , , lands and tenements in this town I give and grant to you to hold to , , , you your heirs and assigns to this intent that after my decease you , shall make estate of the same house lands and tenements to Alice my , wife for term of her life so that after her death they remain to Mar Marto , , garet my daughter and to the heirs of her body lawfully becoming , lawfullyain , the if of body coming they and she die without heir her ming that then remain to my right heirs forever more . And to the intent that this my last , , by will may be performed you as my trust is that it shall be here at , this time I deliver you possession of this house in the name of all my , lands and tenements afore specified as wholly and entirely as they were ever mine at any time . " By force whereof the said John and Thomas , , were possessed of the house lands and tenements aforesaid in their demesne as of fee , and of the same house , lands and tenements made , , estate to the said Alice after the death of her said husband according to the intent and will afore declared . , , ANON . 7 Edw . 4 A . D . 1468 — Brooke Abr . t . Conscience 27 . Cestui que use shall have a subpæna against his feoffees in use for , ; by their authority to maintain an action in their names and the judges , they shall plead such pleas as the cestui que use shall give them where , fore of delays . And if a man give his goods to his use and another , ; seize them the donee is bound to maintain an action of trespass on this by but not appeal of robbery : CHOKE and LITTLETON . For it would Beem on this that the plaintiff should not have authority to wage battle if the defendant should render battle .
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