or transferred as a security to raise money. The apparent owner of a property might effect a sale, and the buyer find his purchase so encumbered as to be useless to him. The intricacies of tenure thus often passed the skill of judges to unravel;[1] while, again, the lords of the fiefs were unable to claim their fines or fees or liveries, and the Crown, in cases of treason, could not enforce its forfeitures. The Statute of Uses terminated the immediate difficulty by creating, like the recent Irish Encumbered Estates Act, parliamentary titles. All persons entitled to the use of lands were declared to be to all intents and purposes the lawful possessors, as much as if the lands had been made over to them by formal grant or conveyance. They became actual owners, with all the rights and all the liabilities of their special tenures. The embarrassed titles were in this way simplified; but now, the common law remaining as yet unchanged, the original evil returned in full force. Since a trust was equivalent to a conveyance, and land could not be bequeathed by will, the system of trusts was virtually terminated. Charges could not be created upon estates, and the landowners complained that they could no longer raise money if they wanted it; their estates must go wholly to the eldest sons; and, unless they were allowed to divide their properties by
- ↑ Among the unarranged MSS. in the State Paper Office is a long and most elaborate explanation of the evils which had been created by the system of uses. It is a paper which ought to find its place in the history of English landed tenure; and when the arrangement of these MSS. now in progress is completed, it will be accessible to any inquirer.
