The works of Francis Bacon, lord chancellor of England.

READING ON THE STATUTE OF USES. 311
former they inserted into this law, and the third ried to cestuy que use, by the general words in the
they distinguished into a law apart, but without body of the law, scilicet, that the feoffee's estate,
any preamble as may appear, being but a pro- right, title, and possession, &c.
viso to this statute. Besides all these provisional For the two provisos on the part of the tertelaws; and besides five provisos, whereof three nant, they both concern the saving of strangers
attend upon the law of jointure, and two born in from prejudice, &c.
Wales, which are not material to the purpose in The first saves actions depending Cheny'scase.
hand; there are six provisos, which are natural against the feoffees, and that they shall Moor, 196.
and true members and limbs of the statute, not abate.
whereof four concern the part of cestuy que use, The second saves wardships, liveries, and
and two concern the part of the feoffees. The ouster les maines, whereof title was vested in refour which concern the part of cestuy que use, tend gard of the heir of the feoffee, and this in case of
all to save him from prejudice by the execution the king only.
of the estate.
T/lzcat personas may be seised to a use, aczd what wot.
The first saveth him from the extinguishment
Whatpersons mLay be cestuy que use, and what not.
of any statute or recognisance, as if a man had Weatpersonsmay be cestuy qu use, and what not.
an extent of a hundred acres, and a use of the inheritance of one; now, the statute, executing the Though I have opened the statute in
possession to that one, would have extinguished order of words, yet I will make my e.suraln ceofr
his extent being entire in all the rest; or as if the division in order of matter, namely, tds day ulon
conuzee of a statute having ten acres liable to 1. The raising of uses. Firt, the rainthe statute, had made a feoffment in fee to a 2. The interruption of uses.
stranger of two, and after had made a feoff- 3. The executing of uses.
ment in fee to the use of the conuzee and his Again, the raising of uses doth easily divide
heirs. And upon this proviso there arise three itself into three parts. 1. The persons that are
questions: actors to the conveyance to use. 2. The use
First, whether this proviso were not super- itself. 3. The form of the conveyance.
fluous, in regard that cestuy que use was compre- Then it is first to be seen what persons may be
hended in the general saving, though the feoffees seised to a use, and what not; and what persons
be excluded. may be cestuy que use, and what not; and what
Secondly, whether this proviso doth save sta- persons may declare a use, and what not.
tutes or executions, with an apportionment, or The king cannot be seised to a use;,.whlatpersons
entire l no, not where he taketh in his natural u"OYbe nose.d
Thirdly, because it is penned indefinitely in body, and to some purpose as a compoint of time, whether it shall go to uses limited mon person; and, therefore, if land be given to
after the statute, as well as to those that were in the king and I. D. pour terme de leeur vies, this use
being at the time of the statute; which doubt is is void for a moiety.
rather enforced by this reason, because there was Like law is, if the king be seised of land in the
for` uses at the time of the statute; for that the right of his duchy of Lancaster, and covenanteth
execution of the statute might be waved; but by his letters patents under the duchy seal to
both possession and use, since the statute may be stand seised to the use of his son, nothing passeth.
waved. Like law, if King R. III. who was feoffo? to
The second proviso saveth cestuy que use from diverse uses before he took upon him the crown,
the charge of primer seisin, liveries, ouster les had, after he was king, by his letters patents
maines, and such other duties to the king, with granted the land over, the uses had not been rean express limitation of time, that he shall be newed.
discharged from the time past, and charged for The queen, not speaking of an imperial queen
the time to come to the king, namely, May, 1536, by marriage, cannot be seised to a use, though
to be commnou nis terminus. she be a body enabled to grant and purchase withThe third proviso doth the like for fines, reliefs, out the king; yet, in regard of the government and
and herriots, discharging them from the time interest the king hath in her possession, she
past, and speaking nothing of the time to come. cannot be seised to a use.
The fourth proviso giveth to cestuy quee euse all A corporation cannot be seised to a use, becollateral benefits of vouchers, aid-priers, actions cause their capacity is to a use certain; again,
of waste, trespass, conditions broken, and which because they cannot execute an estate without
the feoffees might have had; and this is express- doing wrong to their corporation or founder; but
ly limited for estates executed before May 1, chiefly because of theletter of this statute, which,
1536. And this proviso giveth occasion tointend in any clause when it speaketh of the feoffee,
that none of these benefits would have been car- resteth only upon the word person, but when it
speaketh of cestuy que use, it addeth person or
b The text here is manifestly corrupted, nor does any pro- body politic.
bable conjecture occur for its amendment. body politic.