ccxviii mich Elizabeth in the common plead a man Elizabeth make a feoff in fee  to the use of himself for life and afterward 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 not 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 that the same be do  by their livery see Plowdens Com and also he vouch the case of the earl of ken  whereby the release of the survive feoff a sleep use be destroy and can not  afterward be revive Harris the use may rise without entry of the feoff and he  put a difference between use create before the statute and use create after  for in the first case they ought to enter and if they be disable by any Act as  in the case betwixt gascoigne and the earl of ken they shall never rise but in  the late case all the authority and confidence be by the statute 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 accord to the common experience in conveyance for the payment  of the debt of the king as in the case betwixt Breden and Dennis the debtor of  the king make a feoff in fee to the use of himself and his heir until he make  default of payment of such a sum unto the king at such a day and upon default  to the use of the king and his heir Cooper there needs no entry of the feoff  and be put the difference put before by Harris betwixt a use create before  Leonard er p and a use create after the statute and now the feoff have not any  power to revive or destroy such case 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 thereof but if not the law shall preserve the same and it can by  any mean be prevent and be put the case of bro feoff to use h and there be a  great difference betwixt a use limit before the statute and after the statute  for now after the statute the feoff have not any seize whereof they may make a  feoff and he put the case between Cheney and Oxenbridge Cheney lease to  Oxenbridge for year and afterward feoff Oxenbridge to the use of the say  Cheney 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 be  put the case of the Lord paget in the king bench adjudge a feoff be make unto  the use of the feoff for life the remainder to he who the feoff shall name at  his death ill fee the feoff and the feoff for good consideration levy a fine  unto 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 Leonard by the feoff aforesaid and it appear by the  preamble of the Act of h that the maker of the Act do not favour use but their  intent be utter to extirpate 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 shall be secure and safe in his purchase but shall always be in  danger of a new bear use not know before and he ground his far argument upon  the reason of manwood and dyer where a man make a feoff in fee to the use of  himself and his wife which shall be and afterward he and the feoff and those  in remainder make a feoff to diverse new feoff and to new use and afterward he  take another wife and die it be the opinion of the say two judge that by that  feoff at above the contingent use be destroy for when the estate which the  feoff accept be take away which be the root and foundation of the use which be  the branch and fruit of the body of the say tree it necessary follow that they  be also take away and because the feoff by their livery be bar to enter to  recontinue the estate which shall yield such use they also be go and  extinguish Yelverton be of opinion thatnotwithstanding the say feoff that the  use shall rise in his due time accord to the limitation of it it be adjourn  Len trin Elizabeth in the king bench