Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/348

 332 of it. The wife was defrauded of her thirds; the huband of his curtey; the lord of his wardhip, relief, heriot, and echeat; the creditor of his extent for debt; and the poor tenant of his leae." To remedy thee inconveniences abundance of tatutes were provided, which made the lands liable to be extended by the creditors of cetuy que ue ; allowed actions for the freehold to be brought againt him, if in the actual pernancy or enjoyment of the profits ; made him liable to actions of wate ; etablihed his conveyances and leaes made without the concurrence of his feoffees ; and gave the lord the wardhip of his heir, with certain other feodal perquiites.

proviions all tended to conider cetuy que ue as the real owner of the etate; and at length that idea was carried into full effect by the tatute 27 Hen. VIII. c. 10. which is uually called the tatute of ues, or, in conveyances and pleadings, the tatute for transferring ues into poeion. The hint eems to have been derived from what was done at the acceion of king Richard III; who having, when duke of Gloceter, been frequently made a feoffee to ues, would upon the aumption of the crown (as the law was then undertood) have been intitled to hold the lands dicharged of the ue. But, to obviate o notorious an injutice, an act of parliament was immediately paed, which ordained that, where he had been o infeoffed jointly with other perons, the land hould vet in the other feoffees, as if he had never been named; and that, where he tood olely infeoffed, the etate itelf hould vet in cetuy que ue in like manner as he had the ue. And o the tatute of Henry VIII, after reciting the various inconveniences before-mentioned and many others, enacts, that "when any peron hall be eied of lands, &c. to the ue, confidence, or trut, of any other peron or body politic, the peron Rh