ccclxviii trin Elizabeth in the common plead the case be a man Elizabeth make  a feoff in fee to the use of himself for life and after to the use of his  first son and his heir the father and the feoff before issue for money by deed  give grant and feoff I S and his heir who have no notice of the use the tenant  for life have issue and die the issue enter Glanville the use limit to the  first son be destroy for without regress of the feoff it can rise and it be go  by the livery vide blow Com and also he put the case of the earl of ken who by  the release of the survive feoff a dormant use be destroy and can not  afterward be revive Harris the use may rise without the entry of the feoff and  he put a difference betwixt a use create before the statute and create after  for in the first case they ought to enter and if they be disable by any Act as  in the case of gascoigne and the earl of ken it shall never rise but in the  latter case all the authority and confidence be by the statute take out of the  feoff and the use contingent shall rise without aid of the feoff by the  operation of the law for the land be bind to the use and charge with they as  upon a recovery in a warrantia paper the land of the defendant be charge pro  loco tempore and Leonard accord to the common experience in conveyance for  payment of the king debt as in the case of Bowden and Dennis the debtor of the  king make a feoff in fee unto the use of himself and his heir until he shall  make a default of payment of such a sum to the queen at such a day and for  default to the use of the Leonard er p queen and her heir Cooper there needs  no entry of the feoff and he put the difference before put by Harris between a  use create before and a use create after the statute and now the feoff have  not any power to revive or destroy such use but be only as instrument to  convey the use for the use be create upon the livery and be transfer by the  statute if the person to who the use be limit be capable thereof at the time  of the limitation and he put the case of feoff to use h and there be a great  difference betwixt use limit before and after the statute for they have not  such a seize whereof they may make a feoff and he put the case of cheny and  Oxenbridge cheny let to Oxenbridge for year and afterward feoff Oxenbridge to  the use of cheny himself and his wife for their life with diverse remainder  over and it be adjudge in the court of ware that by that feoff the term be not  extinct and he put the case of the Lord paget adjudge in the king bench a  feoff be make to the use of the feoff for life the remainder to he who the  feoff shall name at his death in fee the feoff and the feoff for good  consideration levy a fine to a stranger and afterward the feoff name one and  die the party name by the feoff shall have the land notwithstanding the fine  Beaumont the contingent use here be utter destroy and it appear by the  preamble of the Act of h that the maker of the say Act do not favour use but  their intent be utter to root out use and if contingent use which be not nor  can be execute by the statute shall stand in force the mischief will be that  no purchaser will be secure of his purchase but shall always be in danger of a  new bear use not before know and he ground his further argument upon the  reason of manwood and dyer where a man make a feoff in fee to the use of  himself and his wife that shall be and afterward he and his feoff and those in  remainder make a feoff to diverse new feoff and unto new use and afterward  take another wife and die it seem to the say justice that by that feoff ut  above the contingent use be destroy for when the estate which the feoff accept  of be take away which be the root and foundation of the use which be the  branch and body of the say tree it necessary follow that they also be take  away and forasmuch as the feoff by their livery be bar to enter for to  recontinue the estate which shall yield the say use they also be go and  extinguish Yelverton Leonard conceive that notwithstanding the feoff that the  use do rise in its due time accord to the limitation of it quaere the case be  not resolve but adjourn Leon