about that time the realm likewise begin to be enfranchise from the tribute of  Rome and the possession that have be in mortmain begin to stir abroad for this  year be the suppression of the small house of religion all tend to plenty and  purchafing and this statute come in consort with diverse excellent statute  make for the kingdom in the same parliament as the reduction of Wales to a  more civil government the re-edify of diverse city and town the suppress of  depopulation and enclosure for the Title it have one Title in the role and  another in course of plead the Title in the role be no solemn Title but a Act  title a Act express a order for use and will the Title in course of plead be  to cause to stand de use in possession to bear wherein walmsly justice note  well queen that if a man look to the work of the statute he will think that it  shall be turn the other way de possession and use to bear for that be the  course of the statute to bring possession to the use but the Title be frame  not accord to the work of the statute but accord to the scope and intention of  the statute nam quoth at first be in intention ultimum be in operation the  intention of the statute by carry the possession to the use be to turn the use  to a possession for the word be not de possession and use to bear and as the  grammarian say prefixing  and mark  notam act say prepositio in come  accusative case mark  notam alterationis and therefore Kingsmill justice in  the same case say that the meaning of the statute be to make a  transubstantiation of the use unto a possession but it be to be note that  title of act of parliament several come in but in the Henry for before that  time that be but one Title of all the Act make in one parliament and that be  no Title neither but a general preface of the good intent of the king but now  it be parcel of the record for the precedent of this statute upon which it be  draw I do find by the first Richard whereupon you may see the very mould  whereon this statute be make that the say king have be feoff before he usurp  to use as it be ordain that the land whereof he be joint feoff as if he have  not be nam and where he be sole inseoffed it shall be in Cesty and use in  estate as he have the use now to come to the statute it self the statute  consist as other law do upon a preamble the body of the law and certain save  and premise the preamble set forth the inconvenience the body of the law give  the remedy and the save and proviso take away the inconvenience of the remedy  for new land be like the apothecary drug though they remedy the disease yet  they trouble the body and therefore they use to correct with spice so it be  not possible to find a remedy for any mischief in the common wealth but it  will beget some new mischief and therefore they spice their law with proviso  to correct and qualify they the preamble of the law be just commend by Popham  chief justice in regine where he say that there be little needs to search and  collect out of case before the statute what the mischief be which the scope of  the statute be to redress because there be a short way offer we by the  sufficiency and fullness of the preamble and therefore it be good to consider  it and ponder it through the preamble have three part first a recital of the  principal inconvenience which be the root of all the rest second a enumeration  of diverse particular inconvenience as branch of the former three a taste or  brief note of the remedy that the statute mean to apply the principal  inconvenience which be radix all an evil be the direct from the ground and  principal of the commonlaw by invent a mean to transfer land and inheritance  without any solemnity or Act notorious so as the whole statute be to be  expound strong towards the extinguishment of all conveyance whereby the free  hold or inheritance may pass without any new confection of deed execution of  estate or entry except it be where the estate be of privity and dependence one  towards the other in which case different to move they may pass by the rule of  the commonlaw the particular inconvenience by the law rehearse may bereduced  into four head first that these conveyance in use be weak for consideration  second that they be obscure and doubtful for trial three that they be  dangerous for want of notice and publication fourthly that they be exempt from  all such title as the law subject possession unto the first inconvenience  light upon heir the second upon juror and witness the three upon purchaser the  four upon such as come in by gift in law all which be person that the law do  principal respect and favour for the first of these be three impediment to the  judgement of man in dispose just and advice of his estate first trouble of  mind second want of time three of wise and faithful counsel about he and all  theso three the statute do find to be in the disposition of a use by will  whereof follow the unjust dis-inheresin of heir now the favour of law unto  heir appear in many part of the law as the law of dissent privilege the  possession of the heir against the entry of he that have right by the law no  man shall warrant against his heir except he warrant against himself and  diverse other case too long to stand upon and we see the ancient law in  Glanvills time be that the ancestor can not disinherit his heir by grant or  other Act execute in time of sickness neither can he alien land which have  descend unto he except it be for consideration of money or service but not to  advance any young brother without the consent of the heir for trial no law  ever take a straight course that evidence shall not be perplex nor jury  inveigle then the commonlaw of England as on the other side never law take a  more precise and straight course with jury that they shall give a direct  verdict for whereas in manner all law do give the tryer or juror which in  other law be call judge de facto to give no to be fluid that be to give no  verdict at all and so the case to stand abate our law enforce they to a direct  verdict general or special and whereas other law except of plurality of voice  to make a verdict our law enforce they all to agree in one and whereas other  law leave they to their own time and ease and to part and to meet again our  law duress and imprison they in the hard manner without light or comfort until  they be agree in consideration of straightness and cohersion it be consonant  that the law do require in all matter bring to issue that there be full proof  and evidence and therefore if the matter in it self be of that surety as in  simple contract which be make by parole without write it allow wager of law in  issue upon the mere right which be a thing hardly to discern it allow wager of  battle to spare juror if time have wear out the mark and badge of truth from  time to time there have be statute of limitation where you shall find this  mischief of perjury often recite and last which be the matter in hand all  inheritance can not pass but by act overt and notorious as by deed livery and  record for purchaser good faith it may appear that they be ever favour in our  law as first by the great favour of warranties which be ever for the help of  purchaser as whereby the law in Edward time the seize can not enter upon the  feoff in regard of the warranty so again the collateral guaranty which  otherwise as a hard law grow in doubt only upon favour of purchaser so be the  bind of fine at the commonlaw the invention and practice of recovery to defeat  the statute of intails and many more ground and learning be to be find respect  the quiet of the possession of purchaser and therefore though the statute of  Richard have provide for the purchaser in some sort by enable the act and  conveyance of Cesty and use yet nevertheless the state do not at all disable  the act or charge of the feoff and so as walmesly justice say regine they play  at double hand for Cesty and use may sell and the feoff may sell which be a  very great uncertainty to the purchaser for the four inconvenience towards  those that come in by law conveyance in use be like privilege place or liberty  for as there the law do not run so upon such conveyance the law can take no  hold but they be exempt from all title in law no man be so absolute owner of  his possession but that the wisdom of the law do reserve certain title unto  other and such person come not in by the pleasure and disposition of the party  but by the justice and consideration of law and therefore of all other they be  most favour and also they be principal three the king and lord who lose the  benefit of attainder fine for alienation escheat aid Herreots relief c the  defendant in praecipes either real or personal for debt and damage who lose  the benefit of their recovery and execution tenant in dower and by the  courtesy who lose their estate and tithe first for the king no law do endow  the king or sovereign with more from suit and action his possession from  interruption and disturbance his right from limitation of time his patent and  gift from all deceit and false suggestion next the king be the lord who duty  and right the law do much favour because the law suppose the land do original  come from he for until the statute of because buyer terrararum the lord be not  force to distruct or dismember his signiory or service so until Henry the law  be take that the lord upon his Title of wardship shall be put to a conizee of  a statute or a termor so again we see that the statute of mortmain be make to  preserve the lord escheat and ward the tenant in dower be so much favour as  that it be the common by word in the law that the law favour three thing life  liberty dower so in case of voucher the feme shall not be delay but shall  recover against the heir incontinent so likewise of tenant by courtesy it be  call tenancy by the law of England and therefore special favour as a proper  conceit and invention of our law so as again the law do favour such as have  ancient right and therefore it tell we it be common say that a right can die  and that ground of law that a free hold can be in suspense show it well  insomuch that the law will rather give the land to the first comer which we  call a occupant then want a tenant to a stranger action and again the other  ancient ground of law of remitter show that where the tenant fail without  folly in the defendant the law execute the ancient right to conclude therefore  this point when this practice of feoff in use do prejudice and dampnifie all  those person that the ancient commonlaw favour and do absolute cross the  wisdom of the law to have conveyance considerate and not odious and to have  trial thereupon clear and not inveigh it be no marvel that the statute  conclude that their subtle imagination and abuse tend to the utter subversion  of the ancient commonlawes of this realm the three part of the preamble give a  touch of the remedy which the statute intend to minister consist in two part  first the expiration of feoff second the take away of the hurt damage and  deceit of the use out of which have be gather two extremity of opinion the  first opinion be that the intention of the statute be to discontinue and  banish all conveyance in use ground themselves both upon the word that the  statute do not speak of the extinguishment or extirpation of the use videlicet  by a unity of possession but of a extinguishment or extirpation of the feoff c  which be the conveyance it self second out of the word abuse and error  heretofore use and accustom as if use have not be at the commonlaw but have  only a erroneous device or practice to both which I answer to the former that  the extirpation which the statute mean be plain to be of the feoff estate and  not to the from of conveyance to the latter I say that for word abuse that may  be a abuse of the law which be not against law as the take long lease at this  day of land in capite to defraud wardship be a abuse of the law which be not  against law and by the word error the statute mean by it not a mistake of the  law but wander or go astray or digress from the ancient practice of the law  unto a buy course as when we say flying about come father law it be not mean  of ignorance only but of perversity but to prove that the statute mean not to  suppress the from of conveyance there be reason which be not answerable the  first be that the statute in the very branch thereof have word de going to be  S that be seize or hereafter shall be seize and whereas it may be say that  these word be put in in regard of use suspend by disseisins and so no present  seize to the use until a regress of the feoff that intendment be very  particular for common such case be bring in by proviso or special branch and  not intermix in the body of a statute and it have be easy for the statute to  have or hereafter shall be seize upon any feoff c heretofore have or make the  second reason be upon the word of the statute of Inrolements which say that no  hereditament shall pass c of any use thereof c whereby it be manifest that the  statute mean to leave the from of conveyance with the addition of a further  ceremony the three reason I make be cut of the word of the provisor where it  be say that no primer seize livery no fine nor alienation shall be take for  any estate execute by force of the statute of before the first of may but they  shall be pay for use make and execute in possession for the time after where  the word make direct go to conveyance in use make after the statute and can  have no other understanding for the word execute in possession will have serve  for the case of regress and last which be more then all if they have have any  such intent the case be so general and so plain they will have have word  express that every limitation of use make after the statute shall have be void  and this be the exposition as tradition go that a reader of grays inn which  read soon after the statute be in trouble for and worthy who as I suppose be  boy who read I can never see but I do now insist upon it because now again  some in a immoderate invective against use do relapse to the same opinion the  second opinion which I call a contrary extremity be that the statute mean only  to remedy the mischief in the preamble recite as they grow by reason of divide  use and although the like mischief may grow upon the contingent use yet the  statute have no before sight of they at that time and so it be mere a new case  not comprise whereunto I answer that it be the work of the statute to execute  the divide use and therefore to make a use void by this statute which be good  before though it do participate of the mischief recite in the statute where to  make a law upon a preamble without a perview which be gross absurd but upon  the question what use be execute and what not and whether out of possession of  a seize or other possession out of privity or not there you shall guide your  exposition accord to the preamble as shall be handle in my next day discourse  and so much touch the preamble of this law for the body of the law I will wish  all reader that expound statute to do as scholar be will to do that be first  to seek out the principal verb that be to note and single out the material  word whereupon the statute be frame for there be in every statute certain word  which be as vein where the life and blood of the statute come and where all  doubt do arise and the rest be litter corpse fulfil word the body of the  statute consist upon two part first a supposition or case put as Anderson  queen call it second a Perview or ordinance thereupon the case of the statute  be three and every one have his purview the general case the case of  Cofeoffees to the use of some of they and the general case of feoff to the use  or percemans of rend or profit the general case be build upon eight material  word four on the part of the feoff three on the part of Cesty and use and one  common to they both the first material word on the part of the feoff be the  word person this exclude all alliance for there can be no trust repose but in  a person certain it exclude again all corporation for they be evalled to a use  certain for note on the part of the feoff over the Statutc insist upon the  word person and in the part of Cesty and use that add body politic the second  word material be the word seize this exclude chattel the reason be that the  statute mean to remit the commonlaw and not the chattel may ever pass by  testament or by parole therefore the use do not pervert they it exclude right  for it be against the rule of the commonlaw to grant or transfer right and  therefore the statute will execute they three it exclude contingent use  because the seize can be but to a feesimple of a use and when that be limit  the seism of the feoff be spend for Littleton tell we that there be but two  seize one in Dominio ut de fee the other ut de fee et jure and the feoff by  the commonlaw can execute but the feesimple to use present and not post use  and therefore the statute mean not to execute they the three material word be  hereafter that bring in conveyance make after the statute it bring in again  conveyance make before and disturb by seize and recontinued after for it be  not say infeofted to use hereafter seize the four word be hereditament which  be to be understand of those thing whereof a inheritance be in be for if I  grant a rend charge de to make new for life to a use this be good enough yet  there be no inheritance in be of this rend this word likewise exclude annuity  and use themselves so that a use can be to a use the first word on the part of  Cesty and use be the word use confidence or trust whereby it be plain that the  statute mean to remedy the matter and not word and in all the clause it still  carry the word the second word be the word person again which exclude all  alliance it exclude also alldent use which be not to body lively and natural  as the building of a church the make of a bridge but here as note before it be  ever couple with body politic the three word be the word other for the statute  mean not to cross the commonlaw now at this time use be grow to such a  familiarity as man can not think of possession but in course of use and so  every man be seize to his own use as well as to the use of other therefore  because statute will not stir nor turmoil possession settle at the commonlaw  it put in precise this word other meaning the divide use and not the common  use and this cause the clause of joint feoff to follow in a branch by it self  for else that case have be doubtful upon this word other the word that be  common to both be word express the conveyance whereby the use arise of which  word those that breed any question be agreement will otherwise whereby some  have infer that use may be raise by agreement parole so there be a  consideration of money or other matter valuable for it be express in the word  before bargain sale and contract but of blood or linned the error of which  collection appear in the word immediate follow S will whereby they may aswell  include that a man seize of land may raise a use by will especial to any of  his son or kindred where there be a real consideration and by that reason mean  betwixt this statute and the statute of of will land be devisable especial to  any man kindred which be clear otherwise and therefore those word be put in  nor in regard of use raise by those convenience or without or likewise by will  may be transfer and there be a person seize to a use by force of that  agreement or will S to the use of the assign and for the word otherwise it  shall by the generality of the word include a seize to a use but the whole  scope of the statute cross that which be to execute such use as be confidence  and trust which can not be in case of seize for if there be a commandment  precedent then the land be vest in Cesty and use upon the entry and if the  seize be of the Disseisors own head then no trust and thus much for the case  of supposition of this statute here follow the ordinance and purview thereupon  the purview have two part the first surgical operation to cause to stand the  effect that the statute work and there be modus operand a fiction or  explanation how the statute do work that effect the effect be that Cesty and  use shall be in possession of like estate as he have in the use the fiction  quomodo be that the statute will have the possession of Cesty and use as a new  body compound of matter and from and that the feoff shall give matter and  substance and the use shall give from and quality the material word in the  first part of the purview be four the first word be remainder and reverture  the statute have speak before of use in feesimple in tail for life or year add  or otherwise in remainder reverture whereby it be manifest that the first word  be to be understand of use in possession for there be two substantial and  essential difference of estate the one limit the time for all estate be but  time of their to join the former make little difference of feesimple fee tail  for life or year and the other make difference of possession as remainder all  other difference of estate be but accident as shall be say hereafter these two  the statute mean to take hold of and at the word remainder and reverture it  stop it add not word right Title or possibility nor it have not general word  or otherwise it be most plain that the statute mean to execute no inferior use  to remainder or reverture that be to say no possibility or contingence but  estate only such as the feoff may have execute by conscience make note also  the very letter of the statute do take notice of a difference between a use in  remainder and a use in reverture which though it can proper because it do not  depend upon particular estate as remainder do neither do then before the  statute draw any tenor as reversion do yet the statute intend that there be a  difference when the particular use and the use limit upon the particular use  be both new use in which case it be a use in remainder and where the  particular use be a new use and the remnant of the use be the old use in which  case it be a use in reverter the next material word be from henceforth which  do exclude all conceit of relation that Cesty and use shall not come in as  from the time of the first feoff to use as Bradnells conceit be in Henry that  be the feoff have grant a rend charge and Cesty and use have make a feoff in  fee by the statute of Richard the feoff shall have hold it discharge because  the Act of Cesty and use shall put the feoff in as if Cesty and use have be  seize in from the time of the first use limit and therefore the statute do  take away all such ambiguity and express that Cesty and use shall be in  possession from henceforth that be from the time of the parliament for use  then in be and from the time of the execution for use limit after the  parliament the three material word be lawful seize state and possession not a  possession in law only but a seize in tail not a Title to enter into the land  but a actual estate the four word be of and in such estate as they have in the  use that be to say little estate feesimple fee tail life for year at will and  possession and reversion which be the substantial difference of estate as be  say before but both their latter clause be more full perfect and expound by  the branch of the fiction of the statute which follow this branch of fiction  have three material word or clause the first material clause be that the  estate right Title and possession that be in such person c shall be in Cesty  and use for that the matter and substance of the estate of Cesty and use be  the estate of the feoff and more he can have so as if the use be limit to  Cesty and use and his heir and the estate out of which it be limit be but a  estate for life Cesty and use can have no inheritance so if when the statute  come the heir of the feoff have not enter after the death of his ancestor but  have only a possession in law Cesty and use in that case shall not bring a  assize before entry because the heir of the feoff can not so that the matter  whereupon the use must work be the feoff estate but note here whereas before  when the statute speak of the use it speak only of use in possession remainder  and Treverter but not in Title or right now when the statute speak what shall  be take from the feoff it speak of Title and right so that the statute take  more from the feoff then it execute present in case where there be use in  contingence which be but title the second word be clear which seem proper and  direct to meet with the conceit of scintilla justice as well as the word in  the preamble of extirping and extinguish such feoff so be their estate be  clear extinct the three material clause be after such quality manner from and  condition as they have in the use so as now as the feoff estate give matter so  the use give from and as in the first clause the use be endow with the  possession in point of estate so there it be endow with the possession in all  accident and circumstance of estate wherein first note that it be gross and  absurd to expound the from of the use any whit to destroy the substance of the  estate as to make a doubt because the use give no dower or tenancy by the  courtesy that therefore the possession when it be transfer will do so likewise  no but the statute mean such quality manner from and condition as it be not  repugnant to the corporal presence and possession of the estate next for the  word condition I do not hold it to be put in for use upon condition though it  be also comprise within the general word but because I will have thing stand  upon learned and accord to the true sense I hold it but for a explain or word  of the effect as it be in the statute of of treason where it be say that the  offender shall be attain of the evert fact by man of their condition in this  place that be to say of their degree or sort and so the word condition in this  place be no more but in like quality manner from and degree or sort so as all  these word amount but to modus et form hence therefore all circumstance of  estate be comprehend as sole seize or joint seize by intierties or by moyties  a circumstance of estate to have age as come in by dissent or not age as  purchaser or circumstance of estate discendable to the heir of the part of the  father or of the part of the mother a circumstance of estate conditional or  absolute remit or not remit with a condition of inter marriage or without all  these be accident and circumstance of estate in all which the possession shall  ensue the nature and quality of the use and this much of the first case which  be the general case the second case of the joint feoff needs no exposition for  it peruse the pen of the general case only this I will note that although it  have be omit yet the law upon the first case will have be take as the case  provide so that it rather in explanation than a addition for turn that case  the other way that one be feoff to the use of himself I hold the law to be  that in the former case they shall be seize joint and so in the latter case  Cesty and use shall be seize sole for the word other it shall be qualify by  the construction of case as shall appear when I come to my division but  because this case of Cofeoftees to the use of one of they be a general case in  the realm therefore they foresee it oppress it precise and pass over the case  e turning which be but especial and care and they be loath to bring in this  case by incerting the word only unto the first case S to have pen it to the  use only of other person for they have experience what doubt the word only  breed upon the statute of Richard after this three case and before the three  case of rend come in the second save and the reason of it be worth the note  why the save be interlace before the three case the reason of it be because  the three case needs no save and the first two case do needs save and that be  the reason of that again it be a generhll ground that where a Act of  parliament be donor if it be pen with a ac si it be not a save for it be a  special gift and not a general gift which include all right and therefore in  Henry whereupon the alienation of woman the statute entitle the heir of he in  remainder to enter you find never a stranger because the statute give entry  not simpliciter but within a ac si as if no alienation have be make or if the  feme have be natural dead stranger that have right may have enter and  therefore no save needs so in the statute of of lease the statute enact that  the lease shall be good and effectual in law as if the lessor have be seize of  a good and perfect estate in feesimple and therefore you find no save in the  statute and so likewise of diverse other statute do likewise where a statute  do make a gift or Title good special against certain person there needs no  save except it be to exempt some of those person as in the statute of r now to  apply this to case of rend which be pen with a ac si S as if a sufficient  grant or lawful conveyance have be make or execute by such as be seize why if  such a grant of a rend have be make one that have a ancient right may have  enter and have avoid the charge and therefore no save needs but the second  first case be not pen with a ac si but absolute that Cesty and use shall be  adjudge in estate and possession which be a judgement of parliament strong  then any fine to bind all right nay it have further word S in lawful estate  and possession which make it the strong then any in the first clause for if  the word only have stand upon the second clause S that the estate of the feoff  shall be in Cesty and use then perhaps the gift shall have be special and so  the save superfluous and this note be material in regard of the great question  whether the feoff may make any regress which opinion I mean that no regress be  leave unto they be principal to be argue out of the save as shall be now  declare for the save be two in number the first save all stranger right with a  exception of the feoff the second be a save out of the exception of thefirst  save S of the feoff in case where they claim totheir own proper use it have be  easy in the first save out of the statute other then such person as be seize  or hereafter shall be seize to any use to have add to these word execute by  this statute or in the second save to have add unto the word claim to their  proper use these word or to the use of any other and execute by this statute  but the regress of the feoff be shut out between the two save for it be the  right of a person claim to a use and not unto his own proper use but it be to  be add that the first save be not to be understand as the letter imply that  feoff to use shall be bar of their regress in case that it be of another feoff  then that whereupon the statute have wrought but upon the same feoff as if the  feoff before the statute have be diseised and the seize have make a feoff in  fee to I d his use and then the statute come this execute the use of the  second feoff but the first feoff may make a regress and they yet claim to a  use but not by that feoff upon which the statute have wrought now follow the  three case of the statute touch execution of rend wherein the material word be  four first whereas diverse person be seize which have breed a doubt that it  shall only go to rend in use at the time of the statute but it be explain in  the clause follow S as if a grant have be make to they by such as be or shall  be seize the second word be profit for in the put of the case the statute  speak of a rend but after in the purview be add these word or profit the three  word be ac si S that they shall have the S as if a sufficient grant or lawful  conveyance have be make and make unto they the four word be the word of  liberty and remedy attend upon such rend S that he shall distrain c and have  such suit entry and remedy rely again with a ac si as if the grant have be  make with such collateral penalty and advantage now for the proviso the maker  of this law do so abound with policy and discern as they do not only foresee  such mischief as be incident to this new law immediate but likewise such as be  consequent in a remote degree and therefore beside the express proviso they do  add three new proviso which be in themselves substractive law for foresee that  by the execution of use will former make shall be over throw they make a  ordinance for will before see likewise that by execution of use woman shall be  double advance they make a ordinance for dower and jointure foresee again that  the execution of use will make franktenement pass by contract parole they make  a ordinance for enrollments of bargain and sale the two former they insert  into this law and the three they distinguish into a law apart but without any  preamble as may appear be but a proviso to this statute beside all these  provisional law and beside five provisor whereof three attend upon the law of  jointure and two bear in Wales which be not material to the purpose in hand  there be six proviso which be natural and true member and limb of the statute  whereof four concern the part of Cesty and use and two concern the part of the  feoff the sour which concern the part of Cesty and use tend all to save he  from prejudice by the execution of the estate the first save he from the  extinguishment of any statute or recognizance as if a man have a extent of a  hundred acre and a use of the inheritance of one now the statute execute the  possession to that one will have extinguish his extent be entire in all the  rest or as if the commissioner of a statute have ten acre liable to the  statute have make a feoff in Fce to a stranger of two and after have make a  feoff in Fce to the use of the Conuzec and his heir and upon this proviso  there arise three question first whether this proviso be not superfluous in  regard that Cesty and use be comprehend in the general save though the feoff  be exclude second whether this proviso do save statute or execution with a  apportionment and entire three because it be pen indefinitively in point of  time whether it shall go to use limit after the statute as well as to those  that be in be all the time of the statute which doubt be rather enforce by  this reason because there be for use at the time of the statute for that the  execution of the statute may be waive but both possession and use since the  statute may be waive the second proviso save Cesty and use from the charge of  primer seize livery ouster Le maines and such other duty to the king with a  express limitation of time that he shall discharge for the time pass and  charge for the time to come in a king S may to be common terminus the three  proviso do the like for fine relief and Herriots discharge they for the time  pass and speak nothing of the time to come the four proviso give to Cesty and  use all collateral benefit of voucher aid priers action of waste trespass  condition break and which the feoff may have have and this be express limit  for estate execute before may and this proviso give occasion to intend that  none of these benefit will have be carry to Cesty and use by the general word  in the body of the law S that the feoff estate right Title and possession c  for the two proviso on the part of the Tertenant they both concern the save of  stranger from prejudice c the first save action depend against the feoff that  they shall not abate the second save wardship livery and ouster Le maines  whereof Title be vest in regard of the heir of the feoff and this in case of  the king only what person may be seize to a use and what not what person may  be Cesty and use and what not what person may declare a use and what not  though I have open the statute in order of word yet I will make my division in  order of matter videlicet the raise of use the interruption of use the execute  of use again the raise of use do easy divide it self into three part the  person that be actor to the conveyance to use the use it self the from of the  conveyance then it be first to be see what person may be seize to a use and  what not and what person may be Cesty and use and what not the king can be  seize to a use no not where he take in his natural body and to some purpose as  a common person and therefore if land be give to the king and I d per term de  lour vie this use be void for a moiety like law be if the king be seize of  land in the right of his duchy of Lancaster and covenant by his letter patent  under the duchy seal to stand seize to the use of his son nothing pass like  law if king r who be Feoster to diverse use before he take upon he the crown  have after he be king by his letter patent grant the land over the use have  not be renew the queen speak not of a imperial queen by marriage can be seize  to a use though she be a body enable to grant and purchase without the king  yet in regard of the government and interest the king have in her possession  she can be seize to a use a corporation can be seize to a use because their  capacity be to a use certain again because they can execute a estate without  do wrong to their corporation or founder but chief because of the letter of  this statute which in any clause when it speak of the feoff rest only upon the  word person but when it speak of Cefty and use it add person or body politic  if a bishop bargain or sell land whereof he be seize in the right of his sea  this be good during his life otherwise it be where a bishop be feoff to he and  his successor to the use of I d and his heir that be not good no not for the  bishop life but the use be mere void contrary law of tenant in tail for if I  give land in tail by deed since the statute to a to the use of b and his heir  b have a feesimple determinable upon the death of a without issue and like law  though doubtful before the statute be for the chief reason which breed the  doubt before the statute be because tenant in tail can not execute a estate  without wrong but that since the statute be quite take away because the  statute save no right of entail as the statute of r do and that reason  likewise may have be answer before the statute in regard of the common  recovery a feme covert and a infant though under year of discretion may be  seize to a use for aswell as land may descend unto they from a feoff to use so  may they original be feoff to a use yet if it be before the statute and they  have upon a subpoena bring execute their estate during the coverture or  infancy they may have defeat the same and when they shall have be seize again  to the use and not to their own use but since the statute no right be save  unto they if a feme covert or a infant be feoff to a use precedent since the  statute the infant or baron come too late to discharge or root up the feoff  but if a infant be feoff to the use of himself and his heir and I d pay such a  sum of money to the use of I g and his heir the infant may disagree and  overthrow the contingent use contrary law if a infant be feoff to the use of  himself for life the remainder to the use of I S and his heir he may disagree  to the feoff as to his own estate but not to divest the remainder but it shall  remain to the benefit of he in remainder and yet if a attain person be feoff  to a use the king Title after office find shall prevent the use and relate  above it but until office the Cesty and use be seize of the land like law of a  alien for if land be give to a alien to a use the use be not void ab beginning  yet neither alien or attain person can maintain a action to defend the land  the king villeine if he be feoff to a use the king Title shall relate above  the use otherwise in case of a common person but if the lord be feoff to the  use of his villeine the use neither rise but the lord be in by the commonlaw  not by the statute discharge of the use but if the husband be feoff to the use  of his wife for year if he die the wife shall have the term and it shall not  inure by way of discharge although the husband may dispose of the wife term so  if the lord of who the land be hold be feoff to the use of a person attain the  lord shall not hold by way of discharge of the use because of the king Title a  diem empty a person uncertain be not within the statute nor any estate in nod  or suspense execute as if I give land to I S the remainder to the right heir  of I d to the use of I n and his heir I n be not seize of the feesimple of a  estate per vit of I S till I d be dead and then in feesimple like law if  before the statute I give land to I S per auter vie to a use and I S die leave  Cesty and use whereby the free hold be in suspense the statute come and no  occupant enter the use be not execute out of the free hold in suspense for the  occupant the Disseissor the lord by escheat the feoff upon consideration not  have notice and all other person which shall seize to use not in regard of  their person but of their Title I refer they to my division touch disturbance  and interruption ofUses it follow now to see what person may be a Cesty and  use the king may be Cesty and use but it behoof both the declaration of the  use and the conveyance it self to be matter of record because the king Title  be compound of both I say not appear of record but by conveyance of record and  therefore if I covenant with I S to leavy a fine to he to the king use which I  do accord and this deed of covenant be not enrol and the deed be find by  office the use vest not Econverso enrol if I covenant with I S to feoff he to  the king use and the deed be enrol and the feoff also be find by office the  use vest but if I leavy a fine or suffer a recovery to the king use and  declare the use by deed of covenant enrol though the king be not party yet it  be good enough a corporation may take a use yet it be not material whether the  feoff or the declaration be by deed but I may feoff I S to the use of a  corporation and this use may be aver a use to a person incertain be not void  in the first limitation but execute not till the person be in be so that this  be positive than a use shall never be in obeyance as a remainder may be but  ever in a person certain upon the word of the statute and the estate of the  Feeoffees shall be in he or they which have the use the reason be because no  confidence can be repose in a person unknown and uncertain and therefore if I  make a feoff to the use of I S for life and then to the use of the right heir  of I d the remainder be not in obeyance but the reversion be in the feoff  until what time so that upon the matter all person uncertain in use be like  condition or limitation precedent like law if I feoff one to the use of I S  for year the remainder to the right Herres of I d this be not execute obeyance  and therefore not void like law if I make a feoff to the use of my wife that  shall be or to such person as I shall maintain though I limit no particular  estate at all yet the use be good and shall in the interim return to the feoff  contrary law if I once limit the whole feesimple of the use out of land and  part thereof to a person incertain it shall never return to the feoff by way  of fraction of the use but look how it shall have go unto the feoff if I begin  with a contingent use so it shall go to the remainder if I entail a contingent  use both estate be alike subject to the contingent use when it fall as when I  make a feoff in fee to the use of my wife for life the remainder to my first  beget son I have no son at that time the remainder to my brother and his heir  if my wife die before I have any son the use shall not be in I but in my  brother and yet if I marry again and have a son it shall divest from my  brother and be in my son which be the skip they talk so much of so if I limit  a use joint to two person not in be and the one come to be in be he shall take  the entire use and yet if the other afterward come in be he shall take joint  with the former as if I make a feoff to the use of my wife that shall be and  my first beget son for their life and I marry my wise take the whole use and  if I afterward have a son he take joint with my wife but yet where word of  obeyance work to a estate execute in course of possession it shall do the like  in use as if I feoff a to the use of b for life the remainder to c for life  the remainder to the right heir of b this be a good remainder execute so if I  feoff a to the use of his right heir a be in the feesimple not by the statute  but by the commonlaw now be we to examine a special point of the disability of  person as to take by the statute and that upon the word of the statute where  diverse person be seize to the use of other person so that by the letter of  the statute no use be contain but where the feoff be one and Cesty and use be  another therefore it be to be see in what case the same person shall be both  seize to the use and Cesty a and use and yet in by the statute and in what  case they shall be diverse person and yet in by the commonlaw wherein I  observe unto you three thing first that the letter be full in the point second  that it be strong urge by the clause of joint estate follow three that the  whole scope of the statute be to remit the commonlaw and never to intermeddle  where the commonlaw execute a estate therefore the statute ought to be expound  that where the party seize to the use and the Cesty and use be one person he  never take by the statute except there be a direct impossibiltie or  impertinency for the use to take effect by the commonlaw and if I give land to  I S to the use of himself and his heir and if I d pay a sum of money then to  the use of I d and his heir I S be in of a estate for life or for year by way  of abridgment of estate in course of possession and I d in of the feesimple by  the statute so if I bargain and sell my land after seven year the inheritance  of the use only pass and there remain a estate for year by a kind of  substraction of the inheritance or occupyer of my estate but mere at the  commonlaw but if I feoff I S to the use of himself entail and then to the use  of I d in fee or covenant to stand seize to the use of my self in tail and to  the use of my wife in fee in both these case the estate tail be execute by  this statute because a estate tail can be reoccupied out of a feesimple be a  new estate and not like a particular estate for life or year which be but  portion of the absolute fee and therefore if I bargain and sell my land to I S  after my death without issue it do not leave a estate tail in I nor vest any  present fee in the bargain but be a use expectant so if I feoff I S to the use  of I d for life and then to the use of himself and his heir he be in of the  feesimple mere in course of possession and as of a reversion and not of a  remainder contrary law if I feoff I S to the use of I d for life then to the  use of himself for life the remainder to the use of I n in fee now the law  will not admit fraction of estate but I S be in with the be by the statute so  if I feoff I S to the use of himself and a stranger they shall be both in by  the statute because they can not take joint take by several title like law if  I feoff a bishop and his heir to the use of himself and his successor he be in  by the statute in the right of his sea and as I can raise a present use to one  out of his own seize so if I limit a contingent or future use to one be at the  time of limitation not seize but after become seize at the time of the  execution of contingent use there be the same reason and the same law and upon  the same difference which I have put before as if I covenant with my son that  after his marriage I will stand seize of land to the use of himself and his  heir and before marriage I feoff he to the use of himself and his heir and  then he marry he be in by the commonlaw and not by the statute like law of a  bargain and sale but if I have let to he for life only then he shall have be  in for life only by the commonlaw and of the feesimple by statute now let I  advice you of this that it be not a matter of subtlety or conceit to take the  law right when a man come in by the law in course of possession and where he  come in by the statute in course of possession but it be material for the  decide of many cause and question as for warranties action condition Wayners  suspicion and diverse other proviso for example a man farmer commit waste  after he in the reversion covenant to stand seize to the use of his wife for  life and after to the use of himself and his heir his wife die if he be in his  fee untouched he shall punish the waste if he be in by the statute he shall  not punish it so if I be feoff with warranty and I covenant with my son to  stand seize to the use of my self for life and after to he and his heir if I  be in by the statute it be clear my warranty be go but if I be in by the  commonlaw it be doubtful so if I have a eigne right and be feoff to the use of  I S for life then to the use of my self for life then to the use of I d in fee  I S die if I be in by the commonlaw I can waive my estate have agree to the  feoff but if I be in by the statute yet I be not remit because I come in by my  own Act but I may waive my use and bring a action present for my right be save  unto I by one of the save in the statute now on the other side it be to be see  where there be a seize to the use of another person and yet it be out of the  statute which be in special case upon the ground wheresoever Cesty and use  have remedy for the possession by course of commonlaw there the statute never  work and therefore if a diffeisin be commit to a use it be in he by the  commonlaw upon agreement so if one enter as occupant to the use of another it  be in he till disagreement so if a feme feoff a man cause marriage pralocuti  she have remedy for the land again by course of the law and therefore in those  special case the statute work not and yet the word of the statute be general  where any person stand seize by force of any fine recovery Peostment bargain  and sale agreement or otherwise but yet the feme be to be restrain for the  reason aforesaid it remain to show what person may limit and declare a use  wherein we must distinguish for there be two kind of declaration of use the  one of a present use upon the first conveyance the other upon a power of  revocation or new declaration the latter of which I refer to the division of  revocation now for the former the king upon his letter patent may declare a  use though the patent it self imply a use if none be declare if the king give  land by his letter to I S and his heir to the use of I S for life the king  have the inheritance of the use by impliation of the patent and no office  needs for impliation out of matter of record amount ever to matter of record  if the queen give land to I S and his heir to the use of all the church warden  of the church of dale the pattentee be seize to his own use upon that  confidence or intent but if a common person have give land in that manner the  use have be void by the stat of h and the use have return to the feoff his  heir a corporation may take a use without deed as have be say before but can  limit no use without deed a infant may limit a use upon a feoff fine or  recovery and he can countermand or avoid the use except he avoid the  conveyance contrary if a infant covenant in consideration of blood or marriage  to stand seize to a use the use be mere void if a infant bargain and sell his  land for money for Commons or teach it be good with averment if for money  otherwise if it be prove it be avoidable if for money recite and not pay it be  void and yet in the case of a man of full age the recital suffice if baron and  feme be seize in the right of the feme or by joint purchase during the  coverture and they join in a fine the baron can declare the use for long time  then the coverture and the feme can declare alone but the use go accord to the  limitation of law unto the feme and her heir but they may both join in  declaration of the use in fee and if they sever then it be good for so much of  the inheritance as they concur in for the law avouch all one as if they join  as if the baron declare a use to I S and his heir and the feme another to I d  for life and then to I S and his heir the use be good to I S in fee and if  upon examination the feme will declare the use to the judge and her husband  agree not to it it be void and the baron use be only good the rest of the use  go accord to the limitation of law Finis