THE CASE OF REVOCATION OF USES. 283 



spoken of, the law might have intended it precedent. But 

 in this case it is precisely put to be at any time within six 

 months after the declaration, and therefore you cannot vary 

 in the times. 



To this I answer, that the new assurance must be in deed 

 in time after the instrument or deed of the declaration ; 

 but, on the other side, it must be time precedent to the 

 operation of the law, by determining the uses thereupon ; 

 so as it is not to be applied so much to the declaration itself, 

 but to the warrant of the declaration. It shall be lawful, 

 so that, &c. And this will appear more plainly by my 

 second reason, to which now I come ; for as for the cavil- 

 lation upon the word immediately, I will speak to it after. 



My second reason therefore is out of the use and signifi 

 cation of this conjunction or bond of speech, so that: for 

 no man will make any great doubt of it, if the words had 

 been si, if Sir Thomas shall within six months of such de 

 claration convey ; but that it must have been intended pre 

 cedent ; yet if you mark it well, these words ita quod and 

 si, howsoever in propriety the ita quod may seem subsequent, 

 and the si precedent, yet they both bow to the sense. 



So we see in 4 Edw. VI. Colthurst s case, a man leaseth 4 E. 6. Pi. 

 to J. S. a house, si ipse vellet habitare et residens esse ; there Com.^Col- 

 the word si amounts to a condition subsequent ; for he l urst 

 could not be resident before he took the state ; and so via 

 versa may ita quod be precedent, for else it must be idle or 

 void. But I go farther, for I say ita quod, though it be 

 good words of condition, yet more properly it is neither 

 condition, precedent, nor subsequent, but rather a qualifi 

 cation, or form, or adherent to the acts, whereto it is joined, 

 and made part of their essence, which will appear evidently 

 by other cases. For allow it had been thus, so that the 

 deed of declaration be inrolled within six months, this is all 

 one, as by deed inrolled within six months, as it is said in 

 Digg s case, 42 Eliz. f. 173, that by deed indented to be Digg s case, 

 inrolled is all one with deed indented and inrolled. It is 42Eliz. Co. 

 but a modus faciendi, a description, and of the same nature p * 1 f 173 

 is the ita quod : so if it had been thus, it shall be lawful 

 for Sir Thomas to declare, so that the declaration be with 

 the consent of my lord chief justice, is it not all one with 

 the more compendious form of penning, that Sir Thomas 

 shall declare with the consent of my lord chief justice? 

 And if it had been thus, so that Sir John within six months 

 after such declaration shall obtain the consent of my lord 

 chief justice, should not the uses have expected ? But these 



