(548) (549) gaged. Thus, in the county of Roussillon, *** The radical idea of a trust is confiA. D. 1027, it was determined in a synod dence, and this is the word employed by of the clergy, that no man should attack his Lord Coke in his definition of a use, which enemy from the hour of nones on Saturhas been adopted by Mr. Butler and Mr. day, to the hour of prime on Monday. In Lewin, as the best and most exact definition 1041, a general truce of God was accepted of a trust. Butler's Co. Litt. Note 249, by the barons, first of Aquitaine, and then lib. 3. Lewin on Trustees, 15. See infra. of all France, to last from the Wednesday The same idea is still more aptly expressed evening of every week to the Monday by the Roman term fidei-commissum, which morning following. This regulation was literally means a thing committed to one's admitted by Edward the Confessor in Engfaith; and Justinian explains that it was land, in 1042, with some additions of great so called, because it rested upon no obligafestivals and other days. It was confirmed by many councils, especially the Lateran council of 1179. The observance of it was sworn by knights, burgesses, and peasants of the age of fourteen and upwards, and the penalty of its infringement was extion of law, (nullo vinculo juris,) but only on the honor of those to whom it was committed, (sed tantum pudore eorum qui rogabantur, continebantur.) Inst. 2. 23. 1. A trust, then, in its simplest elements, is a confidence reposed in one person, who communication. Brande. Dr. Robertson is termed the trustee, for the benefit of supposes the clause in the form of an Enganother, who is called the cestui que trust; lish indictment, which, as an aggravation of and it is a confidence respecting property, the criminal's guilt, mentions his having which is thus held by the former for the assaulted a person who was "in the peace benefit of the latter. Out of this confiof God and of the king," to be borrowed from the Truce or Peace of God and of the king, (Treuga and Pax Dei, and Pax Regis.) 1 Rob. Charles V. Appendix, Note xxi. (550) title to the land." In the mean time, the ther to the person in whom the confidence cestui que trust, when in possession, is considered, in a court of law, as tenant at will to the trustee. Cruise's Dig. tit. xii. ch. 1, sec. 3. Chancellor Kent expresses the same idea, in more comprehensive terms: "A trust, in the general and enlarged sense, is a right on the part of the cestui que trust to receive the profits, and to dispose of the lands in equity." 4 Kent's Com. 304. Lord Coke's definition of a use, which has been already alluded to, may now be given. "A use is a trust or confidence reposed in some other, which is not issuing out of the land, but as a thing collateral, annexed in privity to the estate of the land, and to the person touching the land; scilicet, that cestui que use shall take the profit, and that the terre-tenant shall make an estate, according to his direction." Co. Litt. 272 b. Mr. Butler calls this "the best definition of a trust in equity." Butler's Co. Litt. Note 249, lib. 3. Mr. Lewin expressly adopts it as the definition of a trust, (though he modifies the latter part of it,) and comments on its different clauses in detail. Lewin on Trustees, 15. The language of the definition savours of the technical and antiquated learning of the times, and requires some such commentary as that of Mr. Lewin to understand it fully; but it is valuable as prominently presenting the radical idea of a confidence, which is either omitted, or indirectly alluded to, in most of the standard definitions. As to the learning of trusts in general, see 2 Story's Eq. Jur. 960-982. 4 Kent's Com. 301-313. 1 Greenleaf's Cruise's Digest, tit. xii. 1 Hilliard's Real Prop. 297-348. United States Digest, Uses and Trusts. was reposed; "use" to the person for whose benefit it was reposed. Thus, it is said by Lord Chief Baron Gilbert, " If the use be not a thing annexed to the land, it will be asked of me, what it is; to which I answer, that a use is an equitable right to have the profit of lands, the legal estate whereof is in the feoffee, according to the trust and confidence reposed in him." Gilb. Us. (by Sugden,) 374. And again, Lord Bacon remarks: "For a trust which is the way to a use, it is exceedingly well defined by a civilian of great understanding, Fides est obligatio conscientiæ unius ad intentionem alterius." Bac. Read. Uses. 1 Steph. Com. 329, note (d.) Mr. Stephen observes, that uses and trusts were in their origin closely united, but not identical. A trust was the confidence reposed by one man in another, when he invested him with the nominal ownership of property, to be dealt with in some particular manner, or held for some particular person or purpose pointed out. If the trust was of a certain description, viz. to hold land for the benefit of another person, generally, and to let him receive the profits, the sort of interest or right which consequently attached to the latter person was called a use, to distinguish it from the nominal ownership or estate of the trustee. 1 Steph. Com. 328, 329. The idea of a trust in the law of England was no doubt originally taken from the fidei-commissum (q. v.) of the Roman law; the word itself is of Teutonic origin, and may be traced back to the usages of the ancient Germans. See Trustis.