The works of Francis Bacon, lord chancellor of England.

282 CASE OF REVOCATION OF USES.
revoke; or, he may revoke, so that he assure; Thomas shall declare with the consent of my lord
for you must either make the "6 so that" to be pre- chief justice? And if it had been thus, so that
cedent or void, as I shall tell you anon. And, Sir John, within six months after such declaration,
therefore, the law will rather invert the words shall obtain the consent of my lord chief justice,
than pervert the sense. should not the uses have expected? But these,
But it will be said, that in the cases I put it is you will say, are forms and circumstances anleft indefinite, when the act last limited shall be nexed to the conveyance required: why, surely,
performed; and so the law may marshal it as it any collateral matter coupled by the ita quocd is as
may stand with possibility; and so if it had been strong. If the ita quod had been, that Sir John
in this case no more but, so that Sir Thomas or Stanhope within six months should have paid
John should assure new lands, and no time spoken my lady one thousand pounds, or entered into
of, the law might have intended it precedent. bond never more to disturb her, or the like, all
But in this case it is precisely put to be at any these make but one entire idea or notion, how that
time within six months after the declaration, and, his power should not be categorical, or simple, at
therefore, you cannot vary in the times. pleasure, but hypothetical, and qualified, and reTo this I answer, that the new assurance must strained, that is to say, not the one without the
be in deed in time after the instrument or deed of other, and they are parts incorporated into the
the declaration; but, on the other side, it must nature and essence of the authority itself.
be time precedent to the operation of the law, by The third reason is, the justice of the law in
determining the uses thereupon; so it is not taking words so as no material part of the parties'
to be applied so much to the declaration itself, intent perish; for, as one saith, prestat torquere
but to the warrant of the declaration. It shall be vcrba quam homines, better wrest words out of place
lawful, so that, &c. And this will appear more than my Lady Stanhope out of her jointure, that
plainly by my second reason, to which now I was meant to her. And, therefore, it is elegantly
come; for as for the cavillation upon the word said in Fitzwilliams's case, which I vouched beimmediately, I will speak to it after. fore, though words be contradictory, and, to use
My second reason, therefore, is out of the use the phrase of the book, pugscant talquarns ex diaand signification of this conjunction or bond of metro; yet the law delighteth to make atonespeech, " so that:" for no man will make any great ment, as well between words as between parties,
doubt of it, if the words had been si, if Sir Thomas and will reconcile them so as they may stand, and
shall within six months of such declaration con- abhorreth a vacuum, as well as nature abhorreth
vey; but that it must have been intended pre- it; and, as nature, to avoid a vacuum, will draw
cedent; yet, if you mark it well, these words ita substances contrary to their propriety, so will the
quod and si, howsoever in propriety the ita quod law draw words. Therefore, saith Littleton, if I
may seem subsequent, and the si precedent, yet make a feoffment reddendo rent to a stranger, this
they both bow to the sense. is a condition to the feoffor, rather than it shall be
So we see in 4 Edw. VI. Colthurst's void, which is quite cross; it sounds a rent, it
Com. Col- case a man leaseth to J. S. a house, works a condition, it is limited to a third person,
thurs case.Si ipse vellet habitare et residens esse; it inureth to the feoffor; and yet the law favoureth
there the word si amounts to a condition subse- not conditions, but to avoid a vacuum.
quent; for he could not be resident before he took So in the case of 45 E. III., a man
the state; and so, via versa may ita quod be pre- gives land in frank-marriage, the recedent, for else it must be idle and void. But I mainder in fee. The frank-marriage is first put,
go farther, for I say ita quod, though it be good and that can be but by tenure of the donor; yet,
words of condition, yet more properly it is neither rather than the remainder should be void, though
condition, precedent, nor subsequent, but rather it be last placed, the frank-marriage, being but a
a qualification, or form, or adherent to the acts, privilege of estate, shall be destroyed.
whereto it is joined, and made part of their es- So 33 EH. VI., Tressham's case; the king
sence, which will appear evidently by other cases. granteth a wardship before it fall; good, because
For, allow it had been thus, so that the deed of it cannot inure by covenant, and if it should not
declaration be enrolled within six months, this is be good by plea, as the book terms it, it were
all one, as by deed enrolled within six months, void; so that, no, not in the king's case, the law
as it is said in Digg's case, 42 Eliz. f. 173, that will not admit words to be void.
ig' case, by deed indented to be enrolled is all So then the intent appears most plainly, that
42 Eliz co. one with deed indented and enrolled. this act of Sir John should be actous gemi7nmus, a
It is but a modus faciendi, a description, kind of twine to take back and to give bacl, and
and of the same nature is the ita quod; so, if it to make an exchange, and not a resumption;
had been thus, it shall be lawful for Sir Thomas and, therefore, upon a conceit of repugnancy, to
to declare, so that the declaration be with the con- take the one part, which is the privation of
sent of my lord chief justice, is it not all one with my lady's jointure, and not the other, which is
the more compendious form of penning, that Sir the restitution or compensation, were a thing