The works of Francis Bacon, lord chancellor of England.

CASE OF REVOCATION OF USES. 283
utterly injurious in matter, and absurd in con- may a conveyance in use or declaration of use
struction. receive a consummation by degrees, and several
The fourth reason is out of the nature of the acts. And thus much for the main point.
conveyance, which is by way of use, and there- Now, for the objection of the word immediate,
fore ought to be construed more favourably, ac- it is but light and a kind of sophistry. They
cording to the intent, and not literally or strictly; say that the words are, that the uses shall rise
for although it be said in Frene and Dillon's case, immediately after the declaration, and we would
and in Fitzwilliams's case, that it is safe so to have an interposition of an act between, namely,
construe the statute of 27 H. VIII. as that uses that there should be a declaration first, then a
may be made subject to the rules of the common new assurance within the six months; and, lastly,
law, which the professors of the law do know, the uses to rise: whereunto the answer is easy;
and not to leave them to be extravagant and for we have showed before that the declaration
irregular; yet, if the late authorities be well and the new assurance are in the intent of him
marked, and the reason of them, you shall find that made the conveyance, and likewise, in eye of
this difference, that uses in point of operation are law, bhut as one compounded act. So as immedireduced to a kind of conformity with the rules of ately after the declaration must be understood of
the common law, but that in point of exposition a perfect and effectual declaration, with the
of words they retain somewhat of their ancient adjuncts and accouplements expressed.
nature, and are expounded more liberally, accord- So we see in 49 E. III. f. 11, if a
ing to the intent; for with that part the statute man be attainted of felony, that holds
of 27 doth not meddle. And, therefore, if the lands of a common person, the king shall have
question be, whether a bargain and sale upon his year, day, and waste; but whenl Not
condition be good to reduce the state back with- before an office found; and yet the words of the
out an entry l or whether, if a man make a statute of prxrogaliva regis are, rex habebit
feoffment in fee to the use of John a Style for catalla felonuem, et si ipsi habent liberunm ftenenzenyears, the remainder to the right heirs of John a turn, statirn capiatur iin manus domini, et rex habebit
Downe, this remainder be good or no? these annum, diem et vastumn: and here the word statirn
cases will follow the grounds of the common is understood of the effectual and lawful time,
law for possessions, in point of operation; but so that is, after office found.
will it not be in point of exposition. So in 2 H. IV. f. 17, it appears
For if I have the manor of Dale and the manor that by the statute of Acton Burnell,
of Sale lying both in Vale, and I make a lease if the debt be acknowledged, and the day past
for life of them both, the remainder of the manor that the goods of the debtors shall be sold statim.
of Dale, and all other my lands in Vale to John in French maintenant; yet, nevertheless, this
a Style, the remainder of the manor of Sale to statim shall not be understood before the process
John a Downe, this latter remainder is void, of law requisite passed, that is, the day comprised
because it comes too late, the general words in the extent.
having carried it before to John a Style. But put So it is said 27 H. VIII. f. 19, by 27H..
it by way of use a man makes a feoffment in fee Audley the chancellor, that the preof both manors, and limits the use of the manor sent tense shall be taken for the future; a fortiori,
of Dale, and all the other lands in Vale to the say I, the immediate future tense may be taken
use of himself, and his wife for her jointure, and for a distant future tense; as if I be bound that
of the manor of Sale to the use of himself alone. my son, being of the age of twenty-one years,
Now his wife shall have no jointure in shall marry your daughter, and that he be now of
manor of the manor of Sale, and so was it judged twelve years; yet this shall be understood, when
in the case of the manor of Odiam. he shall be of the age of twenty-one years. And
And therefore our case is more strong, being by so in our case immediately after the declaration
way of use, and you may well construe the latter is intended when all things shall be performed,
part to control and qualify the first, and to make that are coupled with the said declaration.
it attend and expect; nay, it is not amiss to see But in this I doubt I labour too much; for no
41 Eliz. Co..the case of Peryman, 41 Eliz. Coke, man will be of opinion, that it was intended that
5, f 84. p. 5, f. 84, where by a custom a livery the Lady Stanhope should be six whole months
may expect; for the case was, that in the manor without either the old jointure or the new; but
of Porchester the custom was, that a feoffment that the old should expect until the new were setof land should not be good, except it were pre- tled without any interim. And so I conclude
sented within a year in the court of the manor, this course of atonements, as Fitzwilliams's case
and there ruled that it was but actus inchoatus, till calls it, whereby I have proved, that all the
it was presented; now, if it be not merely against words, by a true marshaling of the acts, may stand
reason of law, that so solemn a conveyance as according to the intent of the parties.
livery, which keeps state, I tell you, and will not I may add tanquam ex abundanti, that if both
wait, should expect a farther perfection, a fortiori, clauses do not live together, they must both die