Statute of Uses 1536 (27 Henry VIII, c. 10)

The Statute of Uses was an Act of the Parliament of England (formally "An Acte concernyng uses and wylles," 27 Hen. VIII, c. 10), passed in the 1535–36 session and effective 1 May 1536. It executed the "use" — the medieval forerunner of the trust — by deeming the beneficiary (the cestui que use) of land held to another's use to be legally seised of the land itself, thereby converting the equitable use into a legal estate and restoring the Crown's lost feudal revenues. The Act concerns uses, seisin, and the execution of uses into legal estates. It is the watershed statute of Anglo-American property law and the direct cause of the Statute of Wills 1540. It was repealed by the Law of Property Act 1925 (15 & 16 Geo. 5, c. 20), which abolished the rule against executing uses and replaced the underlying machinery of conveyancing.

Source: https://archive.org/details/the-statutes-of-the-realm-3 — The Statutes of the Realm, Vol. III (1509–1547), 27 Henry VIII c. 10, p. 539 (Record Commission edition, printed 1817; out of copyright / public domain). Full-text OCR: https://archive.org/download/the-statutes-of-the-realm-3/The_Statutes_of_the_Realm-3_djvu.txt

Editorial note on the text. The Statutes of the Realm prints this Act in Tudor black-letter type whose scanned OCR is heavily corrupted (mojibake for the scribal abbreviation marks — the p-with-stroke for pro/per/par, the tilde for suppressed m/n, the thorn, the contraction for -cion, etc.). The two renderings below are therefore presented honestly: Part A is a modernized-spelling rendering of the principal operative sections, supplied as a readability aid; Part B is a faithful transcription of the original-spelling text in which the printed Tudor orthography is preserved (Wylls, feoffementes, Seisin, cestui que use, etc.) but the scan-artifact mojibake has been resolved back to the abbreviated forms the printer actually set. The authoritative text is the printed page: Statutes of the Realm, Vol. III, p. 539. Neither rendering below should be cited as page-perfect against the 1817 typesetting; for citation purposes consult the printed edition or its facsimile at the source link above.

Part A — Modernized-spelling rendering of the principal operative sections

(Editorial modernization of spelling and punctuation. Provided as a readability aid only; the original-spelling transcript is Part B below. Sections II–XVI are given in original spelling in Part B.)

[Preamble]

Where by the common laws of this realm lands, tenements and hereditaments be not devisable by testament, nor ought to be transferred from one to another but by solemn livery and seisin, matter of record, writing sufficient, made bona fide without covin or fraud; yet nevertheless divers and sundry imaginations, subtle inventions and practices have been used, whereby the hereditaments of this realm 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 parol and words, sometimes by signs and tokens, and sometimes by writing, and for the most part made by such persons as be visited with sickness in their extreme 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 inheritances; by reason whereof, and by occasion of which fraudulent feoffments, fines, recoveries and other like assurances to uses, confidences and trusts, divers and many heirs have been unjustly at sundry times disinherited, the lords have lost their wards, marriages, reliefs, heriots, escheats, aids pur faire fitz chivaler et pur file marier, and scantly any person can be certainly assured of any lands by them purchased, nor know surely against whom they shall use their actions or executions for their rights, titles and duties; also men married have lost their tenancies by the curtesy, women their dowers, manifest perjuries by trial of such secret wills and uses have been committed; the King's Highness hath lost the profits and advantages of the lands of persons attainted, and of the lands craftily put in feoffment to the uses of aliens born, and also the profits of waste for a year and a day of lands of felons attainted, and the lords their escheats thereof, and many other inconveniences have happened and daily do increase among the King's subjects, to their great trouble and inquietness, and to the utter subversion of the ancient common laws of this realm; for the extirping and extinguishment of all such subtle practised feoffments, fines, recoveries, abuses and errors heretofore used and accustomed in this realm, to the subversion of the good and ancient laws of the same, and to the intent that the King's Highness or any other his subjects of this realm 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 Majesty that it may be enacted by his Highness, by the assent of the Lords spiritual and temporal and the Commons in this present parliament assembled, and by authority of the same, in manner and form following, that is to say:

Section I — Persons entitled to the use shall be seised of the lands

That where any person or persons stand or be seised, or at any time hereafter shall happen to be seised, of and in any honours, castles, manors, 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 politic, by reason of any bargain, 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 politic that have or hereafter shall have any such use, confidence or trust in fee simple, fee tail, for term of life or for years, or otherwise, or any use, confidence or trust in remainder or reverter, shall from henceforth stand and be seised, deemed and adjudged in lawful seisin, estate and possession of and in the same honours, castles, manors, 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, right, title and possession that was in such person or persons that were, or hereafter shall be, seised of any lands, tenements or hereditaments to the use, confidence or trust of any such person or persons or of any body politic 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.

Part B — Original-spelling text (Statutes of the Realm, Vol. III, p. 539)

(Faithful transcription preserving the original Tudor orthography. Scribal abbreviations that the scan rendered as mojibake have been resolved to the printer's contracted forms; the bracketed editorial restorations marked in the printed edition from the Original Act ["O."] are retained. Section numbers in brackets follow the marginal numbering of the printed edition. Running headers, page numbers, side-notes and footnote markers have been removed.)

CHAPTER X.

An Acte concernyng uses & wylles.

Where by the comon Lawes of this Realme Landes Tenementes and Hereditamentes be not [divisible] by testament, nor ought to be transferrid frome one to a nother but by solemne lyverey and season matter of recorde wryting suffycyent made bona fide without covyne or fraude, yet nevertheles dyverse and sundry ymaginacions subtile Invencions and practises have bene usid, wherby the Heredytamentes of this Realme have bene conveyed frome one to an other by fraudulent feoffementes fynes recoveries and other assurances craftely made to secrete uses intentes and trustes, and also by wylles and testamentes sumtyme made by nude parol and wordes somtyme by signes and tokens and somtyme by wrytyng, and for the moste parte made by such persones as be visited with sykenes, in theyr extreme agonyes and peynes or at such tyme as they have hadde scantlye eny good memorie or remembrance ; At whiche tymes they beyng provokid by gredye covetous persones lyeng in a wayte about them do many tymes dyspose indiscretely and unadvisidly theyr landes and inheritances ; By reason wherof and by occasion of which fraudulent feoffementes fynes recoveries and other lyke assuraunces to uses confydences and trustes dyvers and many heires have bene unjustlye at sundry tymes disherited, the Lordes have lost theyr wardes mariages relyefes hariottes eschetes aydes pur fayre fitz chyvaler & pur file maryer, and scantlye any persone can be certaynly assurid of any landes by them purchasid nor knowen surelye agaynst whome they shal use theyr accions or execucions for theyr rightes titles and duytes ; Also men maryed have lost theyr tenancies by the courtesie, Women theyr Dowers, manyfest perjuryes by triall of such secrete willes and uses, have bene comyttid, The Kynges Highnes hathe lost the proffyttes and advauntages of the Landes of persones atteyntid, and of the Landes craftelye put in Feffement to the uses of Alyens borne, and also the proffittes of waste for a yere and a daye of landes of felones atteyntid, and the Lordes theyr eschetes therof, and many other inconveniences have happened and dayly do encreace amonge the Kynges subjectes, to theyr greate trouble and inquietnes, to the utter subversion of the auncyent common Lawes of this Realme ; For the extirpyng and extinguyshment of al such subtile practised feffementes fynes recoveries abuses and errours heretofore usid and accustomyd in this Realme, to the subversion of the good and auncyent Lawes of the same, and to thintent that the Kynges Highnes or any other his subjettes of this Realme shall not in any wise hereafter by any meanys or invencions be deceyvid damaged or hurted by reason of such trustes uses or confidences, It may please the Kynges most Royall Majestie that it may be enacted by his Highnes by thassent of the Lordes spyrituall & temporall and the Comons in this present parlyament assemblyd and by auctorite of the same in maner and fourme foloing that is to saye;

[I.] That where any persone or persones stand or be seased or at any tyme hereafter shall happen to be seasid, of and in any Honoures Castelles Manoures Landes Tenementes Rentes Servyces Reversions Remaynders or other Hereditamentes, to the use confidence or trust of any other parsone or parsones or of anye bodie polytike, by reason of any bargayne sale feffement fyne recovery covenaunte contracte agrement will or otherwise by anye maner meanes what so ever it be, that in every suche case all and every suche persone & persones & bodyes polytyke that have or hereafter shall have any such use confidence or truste in fee symple fee tayle for terme of lyf or for yeres or otherwyse, or any use confidence or trust in remaynder or reverter, shall from hensforth stond and be seasid demed and adjuged in lawfull season estate and possession of and in the same Honours Castels Manors Landes Tenementes Rentes Servyces Reversyons Remaynders and Hereditamentes with theyr appurtenances to all intentes construccions and purposis in the Lawe, of and in suche lyke estates as they had or shall have in use trust or confidence of or in the same. And that the estate right title and possession that was in suche persone or persones that were or shalbe hereafter seasid of any Landes Tenementes or Hereditamentes, to the use confidence or trust of any such persone or persones or of any bodye polytyke, be from hensforth clerelye demed and adjugid to be in hym or them that have or hereafter shall have suche use confydence or trust, after such qualytie maner fourme & condicion as they had before in or to the use confydence or trust that was in them.

[II.] And be it further enacted by the auctorite aforseid that [where] dyvers and many persones be or hereafter shall happen to be joyntlye seasid, of and in any Landes Tenementes Rentes Reversions Remaynders or other Hereditamentes, to thuse confidence or trust of any of them that be so joyntlye seasid, that in every suche case that or those persone or persones which have or hereafter shall have any suche use confidence or trust, in any suche Landes Tenementes Rentes Reversions Remaynders or Hereditamentes, shal from hensforth have and be demed and adjuged to have, onlye to hym or them that have or hereafter shall have such use confidence or trust, such estate possession and season of and in the same Landes Tenementes Rentes Reversyons Remaynders or other Hereditamentes, in lyke nature manor and fourme condicion and course as he or they hadde before in thuse confidence or trust of the same Landes Tenementes or Hereditamentes : Savyng and reservyng to all and singuler persones and bodyes polytyke theyr heyres and successors, other than those persone or persones which be seasid or hereafter shalbe seasid of any Landes Tenementes or Hereditamentes to any use confidence or trust, all such right title entre enterest possession rentes and action as they or any of theym had or myght have hadde before the makyng of thys acte. And also savyng to all and singuler those persones and to theyr heyres which be or hereafter shalbe seasid to anye use, al suche former right title entre enterest possession rentes customes servyces and action as they or anye of theym myght have had to hys or theyr owne proper use in or to any Manors Landes Tenementes Rentes or Heredytamentes wherof they be or hereafter shalbe seasid to any other use, as if thys present acte had never bene hadde nor made; any thing conteynid in thys acte to the contrary notwithstonding.

[III.] And where also dyvers persons stond and be seasid of and in any Landes Tenementes or Hereditamentes in fee symple or otherwise, to the use or intent that some other persone or persones shall have and perceyve yerely to them and to his or theyr heyres one annuell rent of x li. or more or lesse out of the same landes and tenementes, and some other persone one other annuel rent to hym and hys assignes for terme of lyf or yeres or for some other specyall tyme, according to suche entent and use as hath bene heretofore declarid lymyted and made therof; Be it therfore enacted by the auctorite aforseid that in every suche case the same persones theyr heyres and assignes, that have suche use and interest to have and perceyve any such annuell rentes out of anye Landes Tenementes or Hereditamentes, that they and every of them theyr heyres and assignes be adjugid and demyd to be in possession and season of the same rent, of and in such lyke estate as they had in the title interest or use of the said rent or proffytt, and as if a suffycyent graunt or other laufull conveyance had be made & executed to them by suche as were or shalbe seased to the use or intent of anye suche rent to be hadde made or paide accordyng to the very trust and intent therof. And that all and every suche persone [or] persones as have or hereafter shall have any title use and interest in or to anye such rent or proffytte, shall laufully distrayne for non payment of the seid Rent and in theyr owne names make advowryes or by theyr baylyffes or servauntes make conysaunces and Justyfycacions, and have al other suytes entres and remedies for such rentes, as if the same rentes hadde be actuallye and really graunted to them with suffycyent clauses of dystresse reentre or otherwyse, according to such condicions peynes or other thynges lymyted and apoyntid upon the trust and entent for payment or suertie of such rente.

[IV.] And be it further enacted by the autorite aforseyd that where as dyvers persones have purchased or have estate made & conveyde of and in dyvers Landes Tenementes and Heredytamentes unto them and to theyr wyfes and to the heyres of the Husbond, or to the Husbond and to the Wyfe & to the heyres of theyr two bodyes begotten, or to the heyres of one of theyr bodyes begottyn, or to the Husbond and to the wyffe for terme of theyr lyves or for terme of lyffe of the said Wife, or where any such estate or purchase of any Landes Tenementes or Heredytamentes hathe bene or hereafter shalbe made to any Husbond and to his wyfe in maner and fourme above expressid, or to any other persone or persones and to theyr heyres and assignes to the use and behove of the seid Husbond & Wife or to the use of the wife as is before rehersid for the joynter of the Wife, that then in every suche case every woman maryed havyng such joynter made or hereafter to be made shal not clayme nor have title to have eny Dower of the residue of the Landes Tenementes or Hereditamentes that at any tyme were her said Husbondes by whome she hath eny such joynter nor shall demaunde nor clayme her Dower of & agaynst them that have the Landes and inherytances of her seid Husbond, But if she have no such joynter then she shalbe admytted and inhablid to pursue have and demaunde her Dower by wryte of Dower after the due course and order of the comon Lawes of this Realme; thys acte or any Lawe or provision made to the contrary therof notwithstonding.

[V.] Provided alwaye that if any suche Woman be laufully expulsid or evycted frome her said joynter or from any part therof without eny fraude or covyne, by laufull entre action or by discontynuance of her husbond, then every such Woman shalbe endowed of as myche of the residue of her husbondes Tenementes or Hereditamentes wherof she was before dowable, as the same Landes and Tenementes so evyted and expulsed shall amounte or extende unto.

[VI.] Provided also that this Acte nor any thyng therin conteynid or expressid extende or be in any wise hurtfull or prejudiciall to any Woman or Women heretofore being maryed, of for & concernyng such right title use interest or possession as they or any of them have clayme or pretende to have for her or theyr Dower or Joynter of in or to any Manours Landes Tenementes or other Hereditamentes of any of theyr late husbondes being now deed or decessed, any thyng conteynid in thys acte to the contrary notwithstonding.

[VII.] Provided also that if any Wyfe have or hereafter shal have any Manours Landes Tenementes or Hereditamentes unto her gyvyn or assurid after mariage for terme of her lyfe or otherwise in joynter, except the same assurance be to her made by acte of parlyamente, and the said Wyfe after that fortune to overlyve the same her husbande in whose tyme the seid joynter was made or assurid unto hir, that then the same wife soo overlyvyng shall and may at her libertie after the dethe of her said husbonde refuse to have and take the Landes and Tenementes so to her gyvyn appoyntid or assurid duryng the coverture for terme of her lyve or otherwise in joynter, except the same assurance be to her made by acte of parlyament as is aforseid, and [therupon] to have aske demaunde and take her Dower by wryte of Dower or otherwise according to the comon Lawe, of and in all such Landes Tenementes and Hereditamentes as her Husbond was and stode seasid of any estate of inherytaunce at any tyme duryng the coverture; any thyng conteynid in thys acte to the contrary in any wyse notwithstondyng.

[VIII.] Provided also that this present acte nor any thyng therin conteiynid extend nor be at any tyme hereafter interpretated expounded or taken to extincte release discharge or suspende any statute reconisaunce or other [bonde] by the execucion of any estate of or in any Landes Tenementes or Hereditamentes by thautorite of this acte to any persone or persones or bodyes polytyke; any thyng conteynid in this acte to the contrary therof notwithstonding.

[IX.] And for asmoche as great ambyguytes and doutes may aryse of the validyte and invalidite of wylles here to fore made of any Landes Tenementes and Hereditamentes to the great trouble of the Kynges subjectes, The Kynges most Royal Majestie myndyng the tranquylite and rest of hys lovyng subjectes, of his most excellent and accustomyd goodnes is plesid and contentid that it be enactid by thauctorite of thys present parlyament, that all [maner] true & just willes and testamentes heretofore made by any persone or persones decessid, or that shall decesse before the fyrste daye of Maye that shalbe in the yere of oure Lorde God a thousand fyve hundred thyrty and syx, of any Landes Tenementes or other Hereditament, shalbe taken and accepted good and effectuall in the Lawe after such fashyon maner and fourme as they were comonlye takyn and usid at any tyme within forty yeres next afore the makyng of thys act; any thyng conteynid in thys acte or in the Preamble therof or any opynyon of the comon Lawe to the contrary therof notwithstonding.

[X.] Provided alwayes that the Kynges Highnes shall not have demaunde or take any advauntage or proffyt, for or by occacion of the executyng of any estate onlye by auctorite of this acte to any persone or persones or bodyes polytyke whiche nowe have, or on this syde the sayde fyrst daye of Maye which shalbe in the yere of our Lorde God a thousand fyve hundred thyrty and syx shall have, any use or uses trustes or confidences in any Manors Landes Tenementes or Hereditamentes holden of the Kynges Highnes, by reason of pryimer season lyverye utter le mayne fyne for alyenacion relief or hariot; but that fynes for alyenacions reliefes and haryottys shalbe paide to the Kynges Highnes, And also lyveryes and ouster le maynes shalbe suyde, for uses trustes and confidences to be made and executed in possession by auctorite of thys acte, after and frome the sayde furste daye of Maye, of Landes and Tenementes and other Hereditamentes holden of the Kyng, in such lyke [maner] and fourme to all intentes construccions and purposis as hathe bene heretofore used or accustomyd by thorder of the Lawes of thys Realme.

[XI.] Provided also that no other persone or persones or bodies polytyke, of whome any Londes Tenementes or Hereditamentes be or hereafter shalbe holden mediate or immediate, shal in any wise demaunde or take any fyne relyef or hariott for or by occasion of the executyng of any estate by the auctorite of this acte to any persone or persones or bodies polytyke, before the said furst daye of Maye which shalbe in the yere of our Lorde God a thousand fyve hundred thyrty and syx.

[XII.] And be it enacted by auctorite aforseid that all and singuler persone and persones and bodies polityke, which at any tyme on thys side the said fyrst daye of Maye which shalbe in the yere of our Lorde God a thousand fyve hundred thyrty and syxe, shall have anye estate unto them executed of or in ony Landes Tenementes or Heredytamentes by thauctorite of thys acte, shal and may have and take the same or lyke advauntage benefyte voucher ayde prayer remedie commoditie and profite, by action entre condicion or otherwise to all intentes construccions and purposis, as the persone or persones seasid to theyr use of or in any such Landes Tenementes or Heredytamentes so executed, had shulde myght or ought to have had, at the tyme of the execucion of the estate therof by thauctorite of this acte, agaynst any other persone or persones of or for any waste disseison trespace condicion broken or any other offence cause or thynge growyng or touchyng the seid Landes or Tenementes so executed by the auctorite of thys acte.

[XIII.] Provided also and be it enacted by thauctorite aforsaide that accions now dependyng, agaynst any persone or persones seasid of or in any Landes Tenementes or Hereditamentes to any use trust or confydence, shal not abate ne be dischargid for or by reason of executyng of any estate therof by auctorite of thys acte before the seid furst day of Maye which shalbe in the yere of our Lorde God a thousand fyve hundred thyrty and syxe; any thyng conteynid in this acte to the conterary notwithstondyng.

[XIV.] Provided also that this Acte nor any thyng therin conteyned shal not be prejudicial to the Kynges Highnes for wardshyppes of heyres nowe being within age, nor for lyveries or for ouster le mayns to be suyd by any persone or persones, nowe being within age or of ful age, of any Landes or Tenementes unto the same heyre or heyres now alredye descendid ; any thyng in this Acte conteynid to the conterary notwithstondyng.

[XV.] Provided also and be it enactid by the auctorite aforseid that all and singuler recognysaunces heretofore knowleged taken or made to the Kynges use, for or concernyng any recoveries of any Landes Tenementes or Hereditamentes here to fore sued or hadde by wrytte or wryttes of entre upon disseison in le post, shall from hensforth be utterly voyde and of none effect to all intentes construccions and purposis.

[XVI.] Provided also that this Acte nor any thyng therin conteynid be in any wise prejudiciall or hurtfull to any persone or parsones, borne in Wales or the Marches of the same, which shal have any estate to them executed by auctorite of thys acte, in any Landes Tenementes or other Hereditamentes within thys Realme, wherof any other parsone or parsones now stand or be seasid to the use of any suche parsone or parsones borne in Wales or the Marches of the same; but that the same parsone or parsones borne in Wales or the Marches of the same, shal or may laufully have reteyne and kepe the same Landes Tenementes or other Heredytamentes, wherof estate shalbe so unto them executed by thauctonite of this Acte, accordyng to the tenor of the same; any thyng in thys Acte conteynid or any other acte or provision heretofore had or made to the conterary notwithstondyng.

Provenance: 27 Henry VIII, c. 10 — "An Acte concernyng uses and wylles" (the Statute of Uses), enacted in the parliamentary session of 1535–36 and operative from 1 May 1536. Transcribed from The Statutes of the Realm, printed by command of His Majesty King George the Third, in pursuance of an address of the House of Commons of Great Britain (Record Commission), Vol. III (1509–1547), p. 539 (London, 1817). The 1817 Record Commission edition and the underlying Tudor statute are in the public domain: Crown copyright in a statute of 1536 has long expired, and a government publication of 1817 is out of copyright in the United Kingdom, the United States, and elsewhere; no rights are reserved and it may be freely reproduced. The Statute of Uses was repealed by the Law of Property Act 1925 (15 & 16 Geo. 5, c. 20), s. 207 and Sch. 7, which abolished the rule executing uses. Part A is an editorial modernization supplied for readability; Part B is a faithful original-spelling transcription in which scan-artifact mojibake has been resolved to the printer's contracted forms. The authoritative text is the printed page, Statutes of the Realm Vol. III, p. 539, available in facsimile at the source link above.