The works of Francis Bacon, lord chancellor of England.

READING ON THE STATUTE OF USES. 305
commended by Popham, chief justice, 1. And all these three the statute did find to be
In Chudleigh's
Case, p1 ep. in 36 Eliz., where he saith, that there in the disposition of a use by will, whereof fol123. is little need to search and collect out lowed the unjust disinherison of many. Now
of cases, before this statute, what the mischief the favour of the law unto heirs appeareth in
was which the scope of the statute was to redress; many parts of the law; of descent which privibecause there is a shorter way offered us, by the legeth the possession of the heir against the entry
sufficiency and fulness of the preamble, and be- of him that has right by the law; that a man shall
cause it is indeed the very level which doth direct not warrant against his heir, except he warrant
the very ordinance of the statute, and because all against himself, and divers other cases too long
the mischief hath grown by expounding of this to stand upon; and we see the ancient law in
statute, as if they had cut off the body of this Glanvill's time was, that the ancestor could not
statute frcm the preamble; it is good to consider disinherit his heir by grant, or other act executed
it and ponder it thoroughly. not in time of sickness; neither could he alien
Its parts. The preamble hath three parts. land which had descended unto him, except it
First, a recital of our principal in- were for consideration of money or Ganb. b.7. c.
convenieihce, which is the root of all the rest. service; but not to advance any younger 1. fol. 44.
Secondly, an enumeration of divers particular brother without the consent of the heir.
inconveniences, as branches of the former. 2. For trials, no law ever took a They are both
Thirdly, a taste or brief note of the remedy that stricter course that evidence should not dbt.fulfor
the statute meaneth to apply. be perplexed, nor juries inveigled, than trial.
1i. ee prici The principal inconvenience, which the common law of England; as on the other side,
ali..colr.veni. is ~.adix ornanim malorum, is the never law took a stricter or more precise course
ence. digressing from the grounds and prin- with juries, that they should give a direct verdict.
ciples of the common law, by inventing a mean For whereas in a manner all laws do give the
to transfer lands and hereditaments without any triers, or jurors (which in other laws are called
solemnity or act notorious; so as the whole sta- judges de facto) leave to give a non liquet, that is,
tute is to be expounded strongly towards the no verdict at all, and so the cause to stand abated;
extinguishment of all conveyances, whereby the our law enforceth them to a direct verdict, general
freehold or inheritance may pass without any new or special, and whereas other laws accept of
confections of deeds, executions of estate or en- plurality of voices to make a verdict, our law entries, except it be where the estate is of privity forceth them all to agree in one; and whereas
and dependence one towards the other; in which other laws leave them to their own time and ease,
cases, mtcatis mutandis, they might pass by the and to part, and to meet again; our law doth
rules of the common law. duress and imprison them in the hardest manner,
The particular inconveniences by the without food, light, or other comfort, until they
2. The particular inconveni law rehearsed may be reduced into four be agreed. In consideration of which strictness
heads. and coercion, it is consonant, that the law do
1. First, that these conveyances in use are weak require in all matters brought to issue, that there
for consideration., be full proof and evidence; and, therefore, if the
2. Secondly, that they are obscure and doubt- matter of itself be in the nature of simple contracts,
ful for trial. which are made by parole without writing.
3. Thirdly, that they are dangerous for lack of In issue upon the mere right, which is a thing
notice and publication. hard to discern, it alloweth the wager of battail
4. Fourthly, that they are exempted from all to spare jurors. If time have wore themarks and
such titles as the law subjecteth possessions badges of truth: from time to time there have
unto. been statutes of limitation, where you shall find
The first inconvenience lighteth upon heirs. this mischief ofperjuries often recited; and lastly,
The second upon jurors and witnesses. which is the matter in hand, all inheritances could
The third upon purchasers. not pass but by acts overt and notorious, as by
The fourth upon such as come in by gift in deed, livery, and record.
law. 3. For purchasers, bona fide, it may 3. The.e
All which are persons that the law doth prin- appear that they were ever favoured in aofnotice
cipally respect and favour. our law, as first by the great favour of
For the first of these are there three warranties which were ever for the indemnity of
weak.inconsi- impediments to the judgment of man, purchasers: as where we see that by the law in
in disposing wisely and advisedly of E. III.'s time, the disseisee could not enter upon
his estate. the feoffee in regard of the warranty. So again
First, nonability of mind. the collateral guarranty, which otherwise is a
Secondly, want of time. hard law, grew no doubt only upon favour of
Thirdly, of wise and faithful counsel about purchasers; so likewise that the law doth take
a nn. strictly rent charge, conditions, extent, was
VoL. II. —39 2