he present uniform system of
private conveyancing by simple deed was established, constitutes a long
chapter in English legal history.

The land of a feudal owner was subject to the risk of forfeiture for
treason, and to military and other burdens. The common law did not
allow him to dispose of it by will. By the law of mortmain religious
houses were prohibited from acquiring it. The desire to escape from
these burdens and limitations gave rise to the practice of making
feoffments to the _use_ of, or upon trust for, persons other than
those to whom the seisin or legal possession was delivered. The common
law recognized only the legal tenant; but the _cestui que use_ or
beneficial owner gradually secured for his wishes and directions
concerning the profits of the land the strong protection of the
chancellors as exercising the equitable jurisdiction of the king. The
resulting loss to the crown and the great lords of the feudal dues and
privileges, coupled with the public disadvantages arising from
ownership of land which, in an increasing degree, was merely nominal,
brought about the passing in the year 1535 of the famous Statute of
Uses, the object of which was to destroy altogether the system of uses
and equitable estates. It enacted, in substance, that whoever should
have a use or trust in any hereditaments should be deemed to have the
legal seisin, estate and possession for the same interest that he had
in the use; in other words, that he should become in effect the feudal
tenant without actual delivery of possession to him by the actual
feoffee to uses or trustee: In its result the statute was a fiasco. It
was solemnly decided that the act transferred the legal possession to
the use once only, and that in the case of a conveyance to A to the
use of B to the use of or upon trust for C, it gave the legal estate
to B, and left C with an interest in the position of the use before
the statute. Thus was completed the foundation of the modern system of
trusts fastened upon legal estates and protected by the equitable
doctrines and practice of the judicature.

But the statute not only failed to abolish uses: it also opened the
way to the evasion of the public ceremony of livery of seisin, and the
avoidance of all notoriety in conveyances. Other ways, besides an
actual feoffment to uses, of creating a use had been in vogue before
the statute. If A bargained