anonymous where the want of a venue be cure vide hob cro roll cro Lut rule  that the want of a venue be only Curable by such a plea which admit the fact  for the trial whereof it be necessary to lie a venue the plaintiff declare on  a bind and lie no venue the defendant plead a release now by this plea the  want of a venue be cure aliter if he have demurrer quaere if he have plead non  estfactum Salkeld union by a union both church become one and one parish one  benefice and one advowson but as to tax and repair they be several for  otherwise it may be prejudicial because the old church may be less in  proportion than the new to which it be unite Salkeld er p where the church be  poor and void the patron and ordinary may make a union without the king but  not if they be rich for a advowson lie in tenure the king have a possibility  of a escheat lapse c which can not be lose without his consent if the church  be full then both parson patron and ordinary must consent to a union in a  quare hinder the defendant plead a dispensation for two benefice and upon oyer  of the letter patent of dispensation it be thus sacred scripture it take  notice that there be two benefice and of small value therefore to go  incorporamus anneximus the one to the other for the life of W b the present  incumbent it be object that here be no word of dispensation and therefore this  clause can enure as a dispensation neither can it be a union because it be do  by the king alone without the concurrence of the patron and ordinary send per  curian though there can be a perpetual union without such concurrence because  it be a loss both to patron and ordinary yet there may be a temporary union as  in this case for the life of the incumbent and this may be do by the  metropolitan alone for after the death of the incumbent the union be dissolve  and no loss accrue either to the patron or ordinary in the mean time for the  one have his presentation and the other his admission and this be a complete  dispensation and allow by the statute h cap videlicet any licence union or  dispensation to the contrary Salkeld university eighty dam at sharply Oxford  that cla Edward Memb v Strata community mandat per breve king to free from  faults per citizen oxon quod procuraria destrua Claus Edward Memb d breve king  ne justice alian fanctam implements fiant near oxon ne quiet scholar to  entangle Claus Edward Memb d Memb v breve mayor bailiff oxon de assisa parish  vines in a vineyard in rows observand de rational preciosuper provisions  imponend as per juramentum porter procratoribus to bind on Claus Edward Memb d  the university of Oxford have jurisdiction in all trespass injury quarrel  crime and matter whatsoever a which do not concern life or freehold but a  ejectment for the right of a chattel real as for instance of a lease for year  shall not be determine there for though a freehold be not recover yet the land  be draw from he who perhaps may have the freehold neither have they any  jurisdiction unless the plaintiff or defendant be a scholar or a servant of  the university or of some college but if either of they be a scholar it be  then a matter within their jurisdiction but yet if either of they be enter  into a college by a trick to avoid a suit in B R or to excuse himself from  town office their privilege shall not be allow the university demand conusance  of a suit bring in the exchequer by quominus and it be allow debt against the  defendant a townsman in Oxford for refuse to execute a office in the  corporation it be move that he be a servant to hr Irish may have the privilege  of the university and a charter be produce Salkeld by which it be grant that  the member and servant of the university shall be sue in the vice chancellor  court and not elsewhere and a certificate from the chancellor direct to the  chief justice that the defendant be matriculate and register in the university  but it appear to the court that this be do two day and no more before he be  choose to this office and that he be a painter by trade and have live several  year in the corporation and no servant attend dr Irish the privilege of the  university be not allow a it can hold plea for the penalty of a statute skin  Salkeld er p use use be not at commonlaw neither be they ever mention till the  reign of r and therefore there be no remedy at law for they but yet the estate  and limitation of a use ought to be govern and direct by the rule of commonlaw  and there be no difference between estate convey by way of use and by way of  possession W re a man intend to pass a estate at and by a commonlaw conveyance  it shall never take effect as a covenant to stand seize or as a conveyance  upon the statute of use as for instance if by deed I give grant and feoff my  son c with a letter oh f attorney to make livery this shall not enure as a  covenant to stand seize but it may have be otherwise if there have be no  letter of attorney in the deed the father be seize of a reversion grant and  confirm the same to his son to the use of himself for life remainder to his  son without any attornment this conveyance be void yet if there have be no  limitation of the use this deed may have endure as a covenant to stand seize  so where by deed between the father and son of the one part and W r of the  other part the father do Salkeld give grant and feoff w r to the use of his  son there be no livery this be a void conveyance now as to consideration to  raise a use the case be if the conveyance be by way of covenant the  consideration must be either natural affection or marriage if it be by bargain  and sale then the consideration must be money therefore a covenant to stand  seize to the use of his son and his wife who he shall marry this be good but a  covenant to stand seize to the use of himself for life remainder over with a  power to let lease for forty year to person who be stranger this be not good  as to the stranger because they be not privy to the consideration but if it  have be to make lease to any of his child or kindred it have be good so a  covenant to stand seize to the use of a and b and c this isgood as to the  brother and it be entire in he but void as to the other two because not privy  to the consideration in a covenant to stand seize the word covenant be but  declaratory therefore if the father by deed set forth that he stand seize to  the use of his son and do not covenant to stand seize yet it be a good  covenant so if by deed the father grant his land to his son in tail this be a  good covenant to stand seize for if the word covenant be Obligatory the deed  shall not enure as a covenant to stand seize therefore if the father covenant  that his land shall go remain and descend to his son after his decease or that  he will convey to his son this be not a covenant to stand seize for it be only  Obligatory to a future thing but if the father covenant to stand seize to the  use of the son and to do any act for far assurance or to levy a fine to the  use of his son in tail and that if not levy before such a time that then he  will stand seize to his use this shall enure as a covenant to stand seize  Salkeld it have be already say that there be no such thing as use at commonlaw  the reason be because the feoff be always take as the owner of the land and  that it be very inconvenient and absurd that there shall be two several fee  and owner of the same land simul semel therefore at commonlaw the feoff to use  be the very tenant and have a right to forfeit but the statute to remedy this  inconvenience have unite the estate to the use so that now the feoff to use  have no estate or interest at all but in respect of the contingent estate and  use limit in the deed and this be neither a naked authority nor a mere estate  which they have but to some degree medium between the estate and authority  they have scintilla law and a possibilitas use emergent some question have be  make out of what a use shall arise as for Salkeld er p instance it have be  hold that use shall be raise only out of a freehold that they can be raise out  of a chattel because that be in nature of a trust nor out of a use nor out of  a bare right nor out of a intend purchase as where a man covenant to stand  seize of land which he intend to purchase nor out of such thing which Self use  to use up as commons c but rend liberty and franchise and such local  inheritance may be grant to use but not mere personal inheritance as annuity  where a feoff be make without express use or consideration there the use shall  be in the feoff by implication of law but it be otherwise where a man make a  gift in tail for there be a tenure which be a consideration