The works of Francis Bacon, lord chancellor of England.

312 READING ON THE STATUTE OF USES.
If a bishop bargain and sell lands whereof he the term, and it shall not inure by way of disis seised in the right of his see, this is good charge, although the husband may dispose of the
during his life; otherwise, it is where a bishop is wife's term.
infeoffed to him and his successors, to the use of So if the lord of whom the land is held be inI. D. and his heirs, that is not good, no, not for feoffed to the use of a person attainted, the lord
the bishop's life, but the use is merely void. shall not hold by way of discharge of the use,
Vde con.tra. Contrary law of tenant in tail; for, because of the king's title, annunz, diem et vastuun.
FCooperav if I give land by tail in deed, since the A person uncertain is not within the statute,
Cro. Jac. 401. statute, to A., to the use of B. and his nor any estate in nubibus or suspense executed;
heirs; B. hath a fee-simple determinable upon as if I give land to I. S. the remainder to the
the death of A. without issue. And like law, right heirs of I. D. to the use of I. N. and his
though doubtful before the statute was; for the heirs, I. N. is not seised of the fee-simple of an
chief reason which bred the doubt before the estate pour vie of I. S. till I. D. be dead, and then
statute, was because tenant in tail could not exe- in fee-simple.
cute an estate without wrong; but that since the Like law, if, before the statute, I give land to
statute is quite taken away, because the statute I. S. pour azutrr vie to a use, and I. S. dieth, living
saveth no right of entail, as the statute of 1 R. cestuy que use, whereby the freehold is in susIII. did; and that reason likewise might have pense, the statute cometh, and no occupant enbeen answered before the statute, in regard of the tereth: the use is not executed cut of the freehold
common recovery. in suspense for the occupant, the disseisor, the
A feme covert and an infant, though under lord by escheat. The feoffee upon consideration,
years of discretion, may be seised to a use; for not having notice, and all other persons which
as well as land might descend to them from a shall be seised to use, not in regard of their perfeoflee to use, so may they originally be infeoffed sons but of their title; I refer them to my division
to a use; yet, if it be before the statute, and they touching disturbance and interruption of uses.
had, upon a subpcena brought, executed their It followeth now to see what person 2. What person
estate during the coverture or infancy, they might may be a cestuy que use. The king nay bea cstuy
have defeated the same; and then they should may be cestuy que use; but it behoveth u.....'
have been seised again to the use, and not to their both the declaration of the use, and the conveyown use; but since the statute, no right is saved ance itself, to be matter of record, because the
unto them. king's title is compounded of both; I say, not
If a feme covert or an infant be infeoffed to a appearing of record, but by conveyance of reuse present since the statute, the infant or baron cord. And, therefore, if I covenant with I. S. to
corme too late to discharge or root up the feoffment; levy a fine to him to the king's use, which I do
but if an infant be infeoffed to the use of himself accordingly; and this deed of covenant be not
and his heirs, and I. D. pay such a sum of money enrolled, and the deed be found by office, the use
to the use of I. G. and his heirs, the infant may vesteth not. E converso, if enrolled. If I covedisagree and overthrow the contingent use. nant with I. S. to infeoff him to the king's use,
Contrary law, if the infant be infeoffed to the and the deed be enrolled, and the feoffment also
use of himself for life, the remainder to the use be found by office, the use vesteth.
of I. S. and his heirs, he may disagree to the But if I levy a fine, or suffer a recovery to the
feoffment as to his own estate, but not to divest king's use, and declare the use by deed of covethe remainder, but it shall remain to the benefit of nant enrolled, though the king be not party, yet it
him in remainder. is good enough.
And yet, if an attainted person be infeoffed to A corporation may take a use, and yet it is not
a use, the king's title, after office found, shall material whether the feoffment or the declaration
prevent the use, and relate above it; but until be by deed; but I may infeoff I. S. to the use of
office, the cestuy que use is seised of the land. a corporation, and this use may be averred.
Like law of an alien; for if land be given to A use to a person uncertain is not
Of a use to a
an alien to a use, the use is not void ab initio, yet void in the first limitation, but exe- person uncer.
neither alien or attainted person can maintain an cuteth not till the person be in esse; so
action to defend the land. that this is positive, that a use shall never be in
The king's villain, if he be infeoffed to a use, abeyance as a remainder may be, but ever in a
the king's title shall relate above the use; other- person certain upon the words of the statute, and
wise, in case of a common person. the estate of the feoffees shall be in him or them
But if the lord be infeoffed to the use of his which have the use. The reason is, because no
villain, the use neither riseth, but the lord is in confidence can be reposed in a person unknown
by the common law, and not by the statute dis- and uncertain; and, therefore, if I make a feoffcharged of the use. ment to the use of I. S. for life, and then to the
But if the husband be infeoffed to the use of use of the right heirs of I. D., the remainder is not
lhis wife for years, if he die, the wife shall have in abeyance, but the reversion is in the feoffor,