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STATUTE OF USES 1634
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CHAP. I.
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An Act expressing an Order for Uses, Wills, and Enrollments.
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27 H. 8. 10. Eng.
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How by the common law lands transferred.
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Several inconveniencies, by secret fraudulent conveyances to uses, and by wills.
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The remedy.
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The possession of lands, &c. shall be in them that have the use, confidence or trust in the same form and condition.
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WHERE by the common laws of this realme, lands, tenements and hereditaments, be not divisable by testament, nor ought to be transferred from one to another, but by solemne livery and seizin, matter of record or writing, sufficiently made, bona fide, without covin or fraud; yet nevertheless, divers and sundry imaginations, subtill inventions and practices have been used, whereby the hereditaments of this realme have been conveyed from one to another, by fraudulent feoffments, fines, recoveries, and other assurances craftily made, to secret uses, intents and trusts, and also by wills and testaments sometimes made by nude parolx and words, sometime by signs and tokens, and sometime by writing, and by the most part made by such persons as be visited with sickness in their extreame agonies and pains, or at such time as they have had scantly any good memory or remembrance, at which times they being provoked by greedy and covetous persons, lying in wait about them, do many times dispose indiscreetly and unadvisedly, their lands and hereditaments, by reason whereof, and by occasion of which fraudulent feoffments, fines, recoveries, and other like assurances to uses, confidences and trusts, divers arid many heires have been unjustly at sundry times disinherited, the lords lost their wards, marriages, reliefes, herriots, escheats, aides pur faire fitz chevalier, & pur file marier, and seantly any person can be certainly assured of any lands by them purchased, nor known surely against whom they shall use their actions or execution for their rights, title and duties: also men married have lost their tenancies by the courtesie, women their dowres, and manifest perjuries, by tryale of such secret wills and uses, have been committed; the King’s Highnesse hath lost the profits and advantages of the lands of persons attainted, and the lands craftily put in feoffment to the uses of aliens borne, and also the profits of wastes for a year and a day of lands of felons attainted, and the lords their escheats thereof, and many other inconveniencies have happened, and daily do increase among the King’s subjects, to their great trouble and unquietnesse, and to the utter subversion of the ancient common laws of this realme. For the extirping and extinguishment of all such subtill practised feoffment, fines, recoveries, abuses and errours heretofore used and accustomed in this realme, to the subversion of the good and ancient lawes of the same, and to the intent that the King’s Highness, or any other his subjects of this realme, shall not in any wise hereafter, by any means or inventions, be deceived, damaged, or hurted, by reason of such trusts, uses, or confidences. It may please the King’s most royal Majestie, that it may be enacted by his Highness, by the assent of the lords spirituall and temporall, and the commons in this present Parliament assembled, and by authority of the same, in manner and forme following, that is to fay: That where any person or persons Hand or be seized, or at any time hereafter shall happen to be seized, of and in any honours, castles, mannors, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any other person or persons, or of any body politique, by reason of any bargaine, sale, feoffment, fine, recovery, covenant, contract, agreement, will or otherwise, by any manner means whatsoever it be, that in every such case, all and every such person and persons, and bodies politique, that have, or hereafter shall have any such use, confidence or trust, in fee simple, fee tayle, for terme of life or years, or otherwise; or any use, confidence, or trust, in remainder or reverter, shall from henceforth stand and be seized, deemed, and adjudged in lawfull seizin, estate and possession, of and in the same honors, castles, mannors, lands, tenements, rents, services, reversions, remainders, and hereditaments, with their appurtenances, to all intents, constructions and purposes in the law, of and in such like estates, as they had or shall have, in use, trust or confidence, of or in the same. And that the estate, title, right and possession, that was in such person or persons that were, or hereafter shall be seized, of any lands, tenements, or hereditaments, to the use, confidence or trust, of any such person or persons, or of any body politicke, be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have such use, confidence or trust, after such quality, manner, form and condition, as they had before, in or to the use, confidence, or trust that was in them.
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Where divert jointly feifed to the use of any of them, they only who have the use, shall be adjudged to have the possession in like manner.
Saving the right of others.
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II. And be it further enacted by the authority aforesaid, that where divers and many persons be, or hereafter shall happen to be joyntly seized of and in any lands, tenements, rents, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any of them that he so joyntly seized, that in every such case that those person or persons, which have, or hereafter shall have any such uses, confidence, or trust, in any such lands, tenements, rents, reversions, remainders, or hereditaments, shall from henceforth have, and be deemed and adjudged to have, onely to him or them that have, or hereafter, shall have such use, confidence or trust, such estate, possession, and seizin, of and in the same lands, tenements, rents, reversions, remainders, or other hereditaments in like nature, manner, form, condition and course, as he or they had before in the use, confidence or trust of the same lands, tenements or hereditaments. Saving and reserving to all and singular persons, and bodies politique, their heires and successors, other than those person or persons which be seized, or hereafter shall be seized, of any lands, tenements or hereditaments, to any use, confidence or trust, all such right, title, entry, interest, possession, rents and action, as they or any of them had, or might have had before the making of this act.
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And saving to those feifed to use all former right.
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III. And also saving to all aud singular those persons, and to their heires, which be, or hereafter shall be seized to any use, all such former right, title, entry, interest, possession, rents, customes, services and actions, as they or any of them might have had, to his or their own proper use, in or to any mannors, lands, tenements, rents or hereditaments, whereof they be, or hereafter shall be seized to any other use, as if this present act had never been had or made; any thing, contained in this act to the contrary notwithstanding.
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Cost. que use of rent shall be adjudged in possession and session thereof, in like manner as if granted to them;
and may distrain, avow, &c.
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IV. And where also divers persons stand and be seized of and in any lands, tenements or hereditaments, in see simple, or otherwise, to the use or intent that some other person or persons shall have and perceive yearly to them and to his or their heirs, one annuall rent of ten pounds, or more, or lesse, out of the same lands and tenements, and some other person, one annuall rent to him and his assigns, for term of life or yeares, or for some other speciall time, according to such intent and use as hath been heretofore declared, limited, and made thereof. Be it therefore enacted by the authority aforesaid, that in every such case, the same persons, their heirs and assigns, that have such use and interest, to have and perceive any such annuall rents out of any lands, tenements or hereditaments, that they and every of them, their heirs and assignes, be adjudged and deemed to be in possession and seizin of the same rent, of and in such like estate, as they had in the title, interest, or use of the said rent or profit, and as if a sufficient grant, or other lawfull conveyance had been made and executed to them by such as were or shall be seized to the use or intent of any such rent to be had, made or payed, according to the very trust and intent thereof; and that all and every such person or persons as have, or hereafter shall have any title, use and interest, in or to any such rent or profit, shall lawfully distraine for non payment of the said rent, and in their owne names make advourics, or by their bayliffs or servants, make recognizances and justifications, and have all other suits, entries and remedies, for such rents, as if the same rents had been actually and really granted to them, with sufficient clauses of distresse, re-entry, or otherwise, according to such conditions, pains, or other things limited and appointed upon the trust and intent for payment or surety of such rent.
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A woman having a jointure made shall not claim dower of the refidue of husband’s lands.
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V. And be it further enacted by the authority aforesaid, That whereas divers persons have purchased or have estate, made and conveyed, of and in divers lands, tenements or hereditaments, unto them and to their wives, and to the heire of the husband, or to the husband, and to the wife, and to the heires of their two bodies begotten, or to the heires of one of their bodies begotten, or to the husband and to the wife, for terme of their lives, or for terme of life of the said wife; or where any such estate or purchase of any lands, tenements or hereditaments, hath been, or hereafter shall be made to any husband and to his wife, in manner and forme above expressed, or to any other person or persons, and to their heires and assignes, to the use and behoof of the said husband and wife, or to the use of the wife, as is before rehearsed, for the joynture of the wife; that then in every such case, every woman married having such joynture made, or hereafter to be made, shall not clayme nor have title to have any dower of the residue of the lands, tenements or hereditaments, that at any time were her said husbands, by whom she hath any such joynture, nor shall demaund nor clayme her dower, of and against them that have the lands and inheritances of her said husband; but if she have no such joynture, then she shalbe admitted and enabled to pursue, have and demaund, her dower by writ of dower, after the due course and order of the common lawes of this realme; this act, or any law or provision made to the contrary thereof notwithstanding.
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But if lawfully evicted, shall be endowed of as much.
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VI. Provided alway, That if any such woman be lawfully expulsed or evicted from her said joynture, or from any part thereof, without any fraud or covin, by lawful entrie or action, or by discontinuance of her husband, then every such woman shall be endowed of as much of the residue of her husbands tenements or hereditaments, whereof the was before, dowable, as the same lands and tenements so evicted and expulsed, shall amount or extend unto.
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VII. Provided also, that this act, nor any thing therein contayned or expressed, extend not or be in any wife hurtfull or prejudiciall to any woman or women, heretofore being married, of, for, or concerning such right, title, use, interest or possession, as they or any of them have, clayme or pretend to have, for her or their joynture or dower, of, in or to any mannors, lands, tenements, or other hereditaments, of any of their late husbands, being now dead or deceased; any thing contayned in this act to the contrary notwithstanding.
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Jointure made after marriage, unless by act of Parliament, may be refused after husbands death, and dower demanded.
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VIII. Provided also, that if any wife have, or hereafter shall have any mannors, lands, tenements or hereditaments, unto her given or assigned after the marriage, for terme of her life, or otherwise in joynture, except the same assurance be to her made by act of Parliament, and the said wife, after that fortune to over-live the same her husband, in whose time the said joynture was made or assured unto her, that then the same wife so over-living, shall and may at her libertie, after the death of her said late husband, refuse to have and take the lands and tenements so to her given, appointed or assured during the coverture for terme of her life, or otherwise in joynture; except the same assurance be to her made by act of Parliament, as is aforesaid, and thereupon to have, ask, demaund, and take her dower by writ of dower, or otherwise, according to the common law, of and in all such lands, tenements and hereditaments, as her husband was and flood seized of any estate of inheritance, at any time dureing the coverture; any thing contained in this act to the contrary in any wise notwithstanding.
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This act not to extinguish, &c. any statue, recognizance or other bond.
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IX. Provided also, that this present act, nor any thing therein contained, extend not, or be at any time hereafter interpreted, expounded, or taken to extinct, release, discharge, or suspend any statute, recognizance, or other bond, by the execution of any estate, of or in any lands, tenements or hereditaments, by the authority of this act, to any person or persons, or bodies politique: any thing contained in this act to the contrary notwithstanding.
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Wills made before or shortly after this statute, how to be taken.
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X. And for as much as great ambiguities and doubts may arise by the validity and invalidity of wills heretofore made of any lands, tenements and hereditaments, to the great trouble of the King’s subjects; The King’s most royall Majestie, minding the tranquillity and rest of his loving subjects, of his most excellent and accustomed goodnesse, is pleased and contented, that it be enacted by the authority of this present Parliament, that all manner of true and just Wills and testaments heretofore made by any person or persons deceased, or that shall decease before the first day of May, which shall be in the year of our Lord, one thousand sixe Hundred thirty and five, of any lands, tenements or other hereditaments, shall be taken and accepted good and effectuall in the law, after such fashion, manner and forme, as they were commonly taken and used, at any time within forty years next before the making of this act; any thing contained in this act, or in the preamble thereof, or any opinion of the common law, to the contrary thereof notwithstanding.
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Fiacs for alienation, reliefs, heriots, &c.
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XI. Provided alwayes, that the King’s Highnesse shall not have, demaund, or take any advantage or profit, for or by occasion of executing of any estate onely by authority of this act, to any person or persons, or bodies politique, which now have, or on this side the said first day of May, which shall be in the year of our Lord, one thousand sixe hundred thirty and five, shall have any use or uses, trusts or confidences, in any mannors, lands, tenements or hereditaments, holden of the King’s Highnesse, by reason of primer seizin, livery, ousler le main, fine for alienation, reliefes, or heriots; but that fines for alienations, reliefes and herriots, shall be paid to the King’s Highnesse, and also liveries and ousler le maines, shall be sued for uses, trusts and confidences, to be made and executed in possession, by authority of this act, after, and from the said first day of May, of lands and tenements, and other hereditaments, holden of the King, in such like manner and forme, to all intents, constructions and purposes, as hath heretofore been used or accustomed by the order of the laws of this realme.
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XII. Provided also, that no other person or persons, or bodies politike, of whom any lands, tenements or hereditaments, be, or hereafter shall be holden mediate or immediate, shall in any wise demaund or take any fine, reliefe, herriot, for or by occasion of the executing of any estate, by the authority of this act, to any person or persons, or bodies politique, before the said first day of May.
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Cost. que use may take all such advantages at his feoffees might.
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XIII. And be it enacted by the authority aforesaid, that all and singular person and persons, and bodies politique, which at any time on this side the said first day of May, shall have any estate unto them executed, of and in any lands, tenements or hereditaments, by the authority of this act, shall and may have and take the same or like advantage, benefit, vowcher, ayde, prayer, remedye, commoditie, and profit, by action, entry, condition, or otherwise, to all intents, constructions and purposes, as the person or persons seized unto their use, of or in any such lands, tenements, or hereditaments so executed, had, should, might or ought to have had, at the time of the execution of the estate thereof, by the authority of this act, against any other person or persons, of or for any waste, disseizin, trespassee, condition broken, or any other offence, cause, or thing, concerning or touching the said lands or tenements, so executed by the authority of this act.
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Actions now depending not to abate.
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XIV. Provided also, and be it enacted by the authority aforesaid, that actions now depending against any person or persons, seized of or in any lands, tenements or hereditaments to any use, trust or confidence, shall not abate nor be discharged, for or by reason of executing any estate thereof, by authority of this act, before the said first day of May; any thing contayned in this act to the contrary notwithstanding.
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Not to prejudice the King’s wardships, &c.
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XV. Provided also, that this, nor any thing therein contayned, shall not be prejudiciall to the King’s Highnesse, for wardships of heires, now being within, age, nor for liveries, nor for ouster le maines, to be sued by any person or persons, now being within age, or of full age, of any lands or tenements, unto the same heire or heires now already descended; any thing in this act contayned to the contrary notwithstanding.
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Recognizances to the King’s use for recoveries had, void.
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XVI. Provided also, and be it enacted by the authority aforesaid, that all and singuler recognizances heretofore knowledged, taken or made to the King’s use, for or concerning any recoveries of any lands, tenements or hereditaments, heretofore used, or had by writ or writs of entry, upon disseizin in le post, shall from henceforth be utterly void and of none effect, to all intents, constructions and purposes.
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27 H.8.16. Eng Lands, &c. shall not pass by bargain and sale, unless by writing indented, sealed, inrolled.
Inrollment before custos rot. &c.
within six months after date of the writing.
Fees for inrollment.
Clerk of the peace to ingross, and deliver to custos rot.
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XVII. And be it further enacted by the authority of this present Parliament, that from the first day of May, which shall be in the yeare of our Lord God, one thousand six hundred thirty and five, no mannors, lands, tenements, or other hereditaments, shall passe, alter or change, from one to another, wereby any state of inheritance of freehold shall be made or take effect in any person or persons, or any use thereof to be made, by reason onely of any bargain and sale thereof, except the same bargain and sale be made by writing indented, sealed and inrolled, in any of the King’s courts of record at Dublin, or else within the same county or counties, where the same mannors, lands or tenements, so bargained and sold, lye or be, before the custos rotulorum, and two justices of the peace, and the clarke of the peace of the same county or counties, or two of them at the least, whereof the clarke of the peace to be one; and the same inrollment to be had and made within six months next after the date of the same writings indented; the same custos rotulorum, or justices of the peaces and clarke, takeing for the inrollment of every such writing indented before them, where the lands comprised in the same writings exceede not the yearely value of forty shillings, two shillings, that is to say, twelve pence to the justices, and twelve pence to the clarke; and for the inrollment of every such writing indented before them, wherein the lands comprised exceede the summe of forty shillings in yearley value, five shillings, that is to say, two shillings sixpence to the justices, and two shillings six pence to the said clarke for the inrolling of the same: and that the clarke of the peace for the time being, within every such county, shall sufficiently inroll and ingrosse in parchment, the same deeds or writings indented, as is aforesaid, and the rolls thereof at the end of every yeare, shall deliver unto the said custos rotulorum of the same county for the time being, there to remaine in the custody of the said custos rotulorum for the time being, amongst other records of the same counties, where any such inrollments shall be so made, to the intent that every party that hath to do therewith, may resort and see the effect and tenor of every such writing so inrolled.
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Not to extend to boroughs or towns corporate, the officer whereof used to inrol evidences.
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XVIII. Provided alwayes, that this act, nor any thing therein contayned, extend to any mannor, lands, tenements or hereditaments, lying, or being within, any city, burrough, or towne corporate within this realm, wherein the mayors, recorders, chamberlaines, baylisses, or other officer or officers, have authority, or have lawfully used to inroll any evidences, deeds, or other writings within their precincts or limits; any thing in this act contained to the contrary notwithstanding.
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