The works of Francis Bacon, lord chancellor of England.

306 READING ON THE STATUTE OF USES.
merely in favour of purchasers; so was the bind- fore specially favoured, as a proper conceit and
ing of fines at the common law, the invention and invention of our law. So, again, they principally
practice of recoveries, to defeat the statute of en- favour such as have ancient rights, and therefore
tails, and many more grounds and learnings of Lett telleth us that it is commonly said that a
law are to be found, respect the quiet possession right cannot die: and that ground of law, that a
of purchasers. And, therefore, though the statute freehold cannot be in suspense, showeth it well,
of 1 R. III. had provided for the purchaser in insomuch that the law will rather give the landto
some sort, by enabling the acts and conveyances the first comer, which we call an occupant, than
of cestuy que use, yet, nevertheless, the statute want a tenant to a stranger's action.
did not at all disable the acts or charges of the And, again, the other ancient ground of law of
feoffees: and so, as Walmsly,justice, said, 42 Eliz. remitter, showeth that where the tenant faileth
they played at double hand, for cestuy que use without folly in the demandant, the law exemight sell, and the feoffee might sell, which was cuteth the ancient right. To conclude, therefore,
a very great uncertainty to the purchaser. this part, when this practice of feoffments in use
4. They are 4. For the fourth point of inconveni- did prejudice and damnify all those persons that
titlesiFllawOa ence towards those that come in by the ancient common law favoured, and did absolaw; conveyances in uses were like lutely cross the wisdom of the law, which was to
privileged places or liberties: for as there the have conveyances considerate and notorious, and
law doth not run, so upon such conveyances the to have trial thereupon clear and not inveigled, it
law could take no hold, but they were exempted is no marvel that the statute concludeth, that the
from all titles in law. No man is so absolute subtileimaginations and abuses tended to the utter
owner in his own possessions, but that the wis- subversion of the ancient common laws of this
dorn of the law doth reserve certain titles unto realm.
others; and such persons come not in by the plea- The third part giveth a touch of the 3. A touch of
sure and disposition of the party, but by the remedy which the statute intendeth to the remedy.
justice and consideration of law, and, therefore, minister, consisting in two parts.
of all others they are most favoured: and they are First, the extirpation of feoffments.
principally three. Secondly, the taking away of the hurt, damage,
1. The king and lords, who lost the benefit of and deceit of uses; out of which have been gaattainders, fines for alienations, eseheats, aids, thered two extremities of opinions.
hlerriots, reliefs, &c. The first opinion is, that the intention of the
2. The demandants in precipes either real or statute was to discontinue and banish all conveypersonal, for debt and damages, who lost the ances in use; grounding themselves both upon
benefit of their recoveries and executions. the words, that the statute doth not speak of the
3.'lenants in dower, and by the courtesy, who extinguishment or extirpation of the use, namely,
lost their estates and titles. by a unity of possession, but of an extinguishment
1. First for the king: no law doth endow the or extirpation of the feoffment, &c., which is the
ling or sovereign with more prerogatives than conveyance itself.
one: for it preserveth and exempteth his person Secondly, out of the words abuse and errors,
from suits and actions, his possessions from inter- heretofore used and accustomed, as if uses had not
ruption or disturbance, his right from limitation been at the common law, but had been only an
of time, his patents from all deceits and false erroneous device and practice. To both which I
suggestions. Next the king is the lord, whose answer:
duties and rights the law doth much favour, be- To the former, that the extirpation which the
cause the law supposeth the land did originally statute meant was plain, to be of the feoffee's escome from him; for until the statute of quia emp- tate, and not of the form of conveyances.
flores terraruzs, the lord.was not forced to distract To the latter I say, that for the word abuse, that
or dismember his signiory or service. So, until may be an abuse of the law, which is not against
15 H. VII. the law was taken, that the lord, upon law, as the taking of long leases of lands at this
his title of wardship, should oust a reconuzee of a day in capite to defraud wardships is an abuse of
statute, or a termor: So again we see, that the law, but yet it is according to law, and for the
statute of mortmain was made to preserve the word (errors) the statute meant by it, not a mislord's escheats and wardships. The tenant in taking of the law, but a wandering or going
dower is so much favoured, as that it is the com- astray, or digressing from the ancient practice of
mon saying and by-word in the law, that the the law, into a bye-course: as when we say, erraaw ifavouretlh three things. vlnus cum patribus nostris, it is not meant of ig1. Life. 2. Liberty. 3. Dower. norance, but of perversity. But to prove that the
So, in case of voucher, the feme shall not be de- statute meant not to suppress the form of convey
layed, but shall recover against the heir mainte- ances, there be three reasons which are not annant: So likewise for the tenant by courtesy, as swerable.
t is called, and by the law of England, and there- The first is, that the statute in every branch