The works of Francis Bacon, lord chancellor of England.

242 MAXIMS OF THE LAW.
But to return from our digression: on the other he doth alter the disposition of law; for 2 y. 8.
side, if I contract with you for cloth at such a by the law they shall take in copercena- Dy. 12.
price as I. S. shall name; there if I. S. refuse to ry, but by the devise they shall take jointly; and
name, the contract is void; but the parties cannot this is not any foreign collateral purpose, but in
discharge it, because they have put it in the point of taking of estate.
power of a third person to perfect. So if a man make a feoffment in fee to the use
11 H.7.19. So if I grant my reversion, though of his last will and testament, these words of
FRt. t2..t this be an imperfect act before atturn- special limitation are void, and the law reservetlh
ment; yet because the atturnment is the ancient use to the feoffor and his heirs; and
the act of a stranger, this is not simply revocable, yet if the words might stand, then might it be aubut by a policy or circumstance in law, as by thority by his will to declare and appoint uses,
levying a fine, or making a bargain and sale, or and then though it were knight's service land, he
the like. might dispose the whole. As if a man make a
31 Ed. I F. So if I present a clerk to the bishop, feoffment in fee, to the use of the will and testaQ. Itp. is5. now can I not revoke this presentation, ment of a stranger, there the stranger may declare
14 Ed. 4. 2
3SEd. 3.35. because I have put it out of myself, a use of the whole by his will, notwithstanding
that is, the bishop, by admission, to it be knight's service land; but the reason of the
perfect my act begun. principal case is, because uses before the statute
The same difference appeareth in nominations of 27 EH. 8. were to have been disposed by will,
and elections; as if I enfeoff such a one as I. D. and therefore before that statute a use limited in
shall name within a year, and I. D. name I. B. the form aforesaid, was but a frivolous limitation,
yet before the feoffment, and within the year, I. in regard of the old use that the law reserved was
D. may countermand his nomination, and name deviseable; and the statute of 27 altereth not the
again, because no interest passeth out of him. law, as to the creating and limiting of,s.s,,
But if I enfeoff I. S. to the use of such a one as any use, and therefore after that statute, 5Ed. 4. 8
i. D. shall name within a year, then if I. D. name and before the statute of wills, when no land
I. B. it is not revocable, because the use passeth could have been devised, yet was it a void limipresently by operation of law. tation as before, and so continueth to this day.
So in judicial acts the rule of the civil law But if I make a feoffnment in fee to the use of
holdeth senltenztia interlocutoria revocaripolest, that my last will and testament, thereby to declare an
is, that an order may be revoked, but a judgment estate tail and no greater estate, and after my
cannot; and the reason is, because there is title death, and after such estate declared shall expire,
of execution or bar given presently unto the party or in default of such declaration then to the use
upon judgment, and so it is out of the judge to of I. S. and his heirs, this is a good limitation;
revoke, in courts ordered by the common law. and I may by my will declare a use of, H. 1,,
the whole land to a stranger, though it c Ed. 4..
REGUeLA XXi. be held in knight's service, and yet I have an
estate in fee simple by virtue of the old use
$Clausula vel dispositio intLtilis per preszumptionem during life.
renzotam vel causanm ex post facto nonfulcitiur. So if I make a feoffment in fee to the
2112 8. 43. Dy.
Clacistulea vel dispositio inutilis are said when use of my right heirs, this is a void 20 H 8. 8.
the act or the words do work or express no more limitation, and the use reserved by the 7 Eiz. 237.
than the law by intendment would have supplied; law doth take place: and yet if the Iy
and therefore the doubling or iterating of that and limitation should be good the heir should come
no more, which the conceit of law doth in a sort in by way of purchase, who otherwise cometh in
prevent and preoccupate, is reputed nugation, and by descent; but this is but a circumstance which
is not supported, and made of substance either by the law respecteth not, as was proved before.
a foreign intendment of some purpose, in regard But if I make a feoffment in fee to the use of
whereof it might be material, nor upon any cause my right heirs, and the right heirs of I. 0 El. 274
emerging afterwards, which may induce an ope- S. this is a good use, because I have Dyration of those idle words. altered the disposition of law; neither is it void
32 H. S. - And therefore if a man demise land for a moiety, but both Our right heirs when they
oord 39. at this day to his son and heir, this is come in being shall take by joint purBer. 2. h i 2 Ed. 3. 29.
Fr. devises, 4l.a void devise, because the disposition chase; and he to whom the first falleth 3SOE. IFitz.
ot law did cast the same upon the heir by descent; shall take the whole, subject neverthe- Devise 9
and yet if it be knight's service land, and the less to his companion's title, so it have not deheir within age, if he take by the devise, he shall scended from the first heir to the heir of the heir:
have two parts of the profits to his own use, and for a man cannot be joint-tenant claiming by purthe guardian shall have benefit but of the third; chase, and'the other by descent, because they be
but if a man devise land to his two daughters, several titles.
ing no sons, then the devise is good, because So if a man having land on the part of his