of it. The wife was defrauded of her thirds; the huſband of his curteſy; the lord of his wardſhip, relief, heriot, and eſcheat; the creditor of his extent for debt; and the poor tenant of his leaſe." To remedy theſe inconveniences abundance of ſtatutes were provided, which made the lands liable to be extended by the creditors of ceſtuy que uſe[1]; allowed actions for the freehold to be brought againſt him, if in the actual pernancy or enjoyment of the profits[2]; made him liable to actions of waſte[3]; eſtabliſhed his conveyances and leaſes made without the concurrence of his feoffees[4]; and gave the lord the wardſhip of his heir, with certain other feodal perquiſites[5].
These proviſions all tended to conſider ceſtuy que uſe as the real owner of the eſtate; and at length that idea was carried into full effect by the ſtatute 27 Hen. VIII. c. 10. which is uſually called the ſtatute of uſes, or, in conveyances and pleadings, the ſtatute for transferring uſes into poſſeſſion. The hint ſeems to have been derived from what was done at the acceſſion of king Richard III; who having, when duke of Gloceſter, been frequently made a feoffee to uſes, would upon the aſſumption of the crown (as the law was then underſtood) have been intitled to hold the lands diſcharged of the uſe. But, to obviate ſo notorious an injuſtice, an act of parliament was immediately paſſed[6], which ordained that, where he had been ſo infeoffed jointly with other perſons, the land ſhould veſt in the other feoffees, as if he had never been named; and that, where he ſtood ſolely infeoffed, the eſtate itſelf ſhould veſt in ceſtuy que uſe in like manner as he had the uſe. And ſo the ſtatute of Henry VIII, after reciting the various inconveniences before-mentioned and many others, enacts, that "when any perſon ſhall be ſeiſed of lands, &c. to the uſe, confidence, or truſt, of any other perſon or body politic, the perſon
