The works of Francis Bacon, lord chancellor of England.

304 READING ON THE STATUTE OF USES.
and proceeding of them, the continuance of uses, to a more civil government, the re-edifying of
and the proceeding that they have had both in divers cities and towns, the suppressing of depocommon and statute law; whereby it may appear, pulation and enclosures, all badges of a time that;
that a use is no more but a general trust when a did extraordinarily flourish.
man will trust the conscience of another better For the title, it hath one title in the
2. The title.
than his own estate and possession, which is an roll, and another in course of pleading.
accident or event of him and society, which hath' The title in The roll is no solemn title, but an apt
been, and will be in all laws, and therefore was title, viz., An act expressing an order for uses and
at the common law; for, as Fitzherbert saith, in wills; it was time, for they were out of order.
the 14 H. VIII., common reason is The title in course of pleading is, Sltatturnf de
14 H. 8, 4.
common law, and not conscience; but usibus in possessionem thransferendis: wherein
common reason doth define that uses should be Walmsly, justice, noted well, 40 Reginae, that
remedied in conscience, and not in courts of law, if a man look to the working of the statute, he
and ordered by rules in conscience, and not by would think that it should be turned the other
straight cases of law; for the common law hath way, de possessionibuts ad usus transferendis: for
a kind of rule on the chancery, to determine what that is the course that the statute holdeth, to bring
belongs unto the chancery. And therefore we possession to the use. But the title is framed
may truly conclude, that the force and strength not according to the working of the statute, but
of the use had or hath in conscience, is by com- according to the scope and intention of the stamon law; and, therefore, that it had or hath in tute, nam qod primumn est intentione ullimum est
law, is only by statute. eoere. And the intention of the statute was by
Of uses since Now followeth in course both of carrying the possession to the use, to turn the use
the statute, time and matter, the consideration of into a possession; for the words are not de pusthis statute, our principal labour; and whereunto sessionibus ad usus sed in susus transferendis; and,
this former consideration which we have handled, as the grammarian saith, prAejpositio, ad, denotat
serve but for introduction. moturm actionis, sed przeposilio, in, cumr accusativo,
This statute, as it is the statute which of all denotat motuml alterationis: and therefore, Kingsothers hath the greatest power and operation over mill, justice, in the same case said, that the meanthe inheritance of the realm, so, howsoever it ing of the statute was to malike a transubstantiation
hath been by the humour of the time perverted in of the use into a possession.
exposition, yet itself is the most perfect and exactly But it is to be noted, that titles of acts of Parliaconceived and penned of any law in the book. It ment severally came in H. VIII., for before that
is induced with the most declaring and under- time there was but one title to all the acts made
standing preamble, consisting and standing upon in one Parliament; and that was no title neither,
the wisest and fittest ordinances, and qualified but a general preface of the good intent of the
with the most foreseeing and circumspect savings king, but now it is parcel of the record.
and provisoes; and, lastly, the best pondered of For the precedent of this statute upon
The precedent
all the words and clauses of it, of any which it is drawn, I do find it by the upon which it
Of the circum- is drawn.
stances ttend- statute that I find. But before I come first R. III. c. 5, whereupon you may
i hetatute to the statute itself, I will note unto see the very mould whereon this statute was made,
you three matters of circumstance. where the said king having been infeoffed (before
1. The time of the statute. 2. The title of it. he usurped) to uses, it was ordained that the land
3. The precedent or pattern of it. whereof he was jointly infeoffed with others
1. The time of For the time, it was made in 27 H. should be in his other cofeoffees as if he had not
the statute. VIII., when the kingdom was in full been named, and where he was solely infeoffed,
peace, and in a wealthy and in a flourishing time, t it should be in cestuy que use, in estate, as he had
in which nature of time men are most careful of the the use.
assurance of their possessions; as well because Now to come to the statute itself, the statute
purchasers are most stirring, as again, because consisteth, as other laws do, upon a preamble, the
the purchaser, when he is full, is no less careful body of the law, and certain savings, and proof his assurance to his children, and of disposing visoes. The preamble setteth forth the inconthat which he hath gotten, than he was of his venience, the body of the law giveth the remedy.
bargain and compassing thereof. For new laws are like the apothecaries' drugs,
About that time the realm began to be enfran- though they remedy the disease, yet, they trouble
chised from the tributes to Rome, and the posses- the body; and, therefore, they use to correct with
sions that had been in mortmain began to stir spices: and so it is not possible to find a remedy
abroad; for this year was the suppression of the for any mischief in the commonwealth, but it will
smaller houses, all tending to plenty, and pur- beget some new mischief; and, therefore, they
chasing: and this statute came in consort with spice their laws with provisoes to correct and
(livers excellent statutes, made for the kingdom in qualify them.
the same parliament; as the reduction of Wales The preamble of this law was justly Thepreamhle