Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/344

 328 poe of the profits at the will of another. And it was the buines of a particular magitrate, the praetor fidei-commiarius, intituted by Augutus, to enforce the obervance of this confidence. So that the right thereby given was looked upon as a veted right, and entitled to a remedy from a court of jutice: which occaioned that known diviion of rights by the Roman law, into jus legitimum, a legal right, which was remedied by the ordinary coure of law; jus fiduciarium, a right in trut, for which there was a remedy in concience; and jus precarium, a right in courtey, for which the remedy was only by in treaty or requet. In our law, a ue might be ranked under the rights of the econd kind; being a confidence repoed in another who was tenant of the land, or terre-tenant, that he hould dipoe of the land according to the intentions of cetuy que ue, or him to whoe ue it was granted, and uffer him to take the profits. As, if a feoffment was made to A and his heirs, to the ue of (or in trur for) B and his heirs; here at the common law A the terre-tenant had the legal property and poeion of the land, but B the cetuy que ue was in concience and equity to have the profits and dipoal of it.

notion was tranplanted into England from the civil law, about the cloe of the reign of Edward III, by means of the foreign eccleiatics; who introduced it to evade the tatutes of mortmain, by obtaining grants of lands, not to their religious houes directly, but to the ue of the religious houes : which the clerical chancellors of thoe times held to be fidei-commia, and binding in concience; and therefore aumed the juridiction, which Augutus had veted in his praetor, of compelling the execution of uch truts in the court of chancery. And, as it was mot eay to obtain uch grants from dying perons, a maxim was etablihed, that though by law the lands themelves were not deviable, yet if a tetator had enfeoffed another to his own ue, and o was poeed of the ue only, uch ue was deviable by Rh