Covin, nor it is no collusion, as the word is now used, for it is to be noted, that where a man doth remove the state and pos∣session of Land, or goods out of himselfe unto another upon trust, it is either a speciall trust, or a generall trust.
The speciall trust is either Lawfull, Or Vnlawfull.
The speciall trust Unlawfull, is according to the Case pro∣vided, for by ancient Statutes of the profits, as where it is to defraud Creditors, or to get men to maintaine suites, or to de∣feate the tenancy to the precipe, or the Statute of Mortmaine, or the Lords of their wardships or the like, and those are ter∣med Frauds, Covins, or Collusions.
The speciall trust Lawfull is, as when I infeoffee some of my friends, because I am to goe beyond the Seas, or because I would free the Land from some severall Statute, or Bond which I am to enter, into or upon intent to be infeoff'd, or in∣tent to vouched, and so to suffer a common Recovery, or upon intent that the Feoffees shall infeoffee over a Stranger, and in∣finite the like intents and purposes, which fall out in mens dea∣lings and occasions, and this wee call Confidence, and the Bookes doe call them intents, but where the trust is not speci∣all, nor transitory, but generall and permanent, there it is a use; and therefore these three are to be distinguished, and not confounded by Covin Confidence, use.
So as now we are come by Negatives to the Affirmative, what a use is agreeable to the definition in Plowden, 352. De Lamers Case, where it is said:
Vse is a trust reposed by any person in the Terre-tenant, that he may suffer him to take the profits, and hee that will performe his intent. But it is a shorter Speech to say, that Vsus est dommium fiduciarium: Vse is an owners life in trust:
So that Vsus est status, sive possessio totius, differ, secun∣dum rationem