316 READING ON THE STATUTE OF USES. 



ture of all human science and knowledge to proceed most 

 safely, by negative and exclusion, to what is affirmative and 

 inclusive. 



First,negatively First, a use is no right, title, or interest in law; and 



T lie li I2l 0t therefore, master attorney, Coke, who read upon this statute, 



Chudieigh s said well, that there are but two rights. 



case. 



Jus in re : Jus ad rem. 



The one is an estate, which is Jus in re: the other a de 

 mand, which is Jus ad rem : but a use is neither : so that 

 Bro. Feoffm. to in 24 H. VIII. it is said that the saving of the statute of 

 uses, pi. 40. i ft jjj wn ich saveth any right or interest of intails, must 

 be understood of intails of the possession, and not of the 

 part of the use, because a use is no right nor interest. So 

 again, you see that Littleton s conceit, is that a use should 

 amount to a tenancy at will, whereupon a release might well 



5 H. 7. 5. inure, because of privity, is controlled by 4 and 15 H. VII. 

 15 H. 7. 2. an( j Divers O ther books, which say that cestuy que use is 



punishable in an action of trespass towards the feoffees; 



6 H. 5. 3. only 5 H. V. seemeth to be at some discord with other 



books, where it is admitted for law, that if there be cestuy 

 que use of an advowson, and he be outlawed in a personal 



Br. Forfeiture, action, the king should have the presentment ; which case 



5 4 H 5 3 Master Ewens, in the argument of Chudieigh s case, did 

 seek to reconcile thus : where cestuy que use, being out 

 lawed, had presented in his own name, there the king should 

 remove his incumbent; but no such thing can be collected 



Dyer, 12. upon the book : and, therefore, I conceive the error grew 

 upon this, that because it was generally thought, that a use 

 was but a pernancy of profits ; and then again, because 

 the law is, that, upon outlaw in a personal action, the king 

 shall have the pernancy of the profits, they took that to be 

 one and the selfsame thing cestuy que use had, and which 

 the king was intitled unto ; which was not so ; for the king 

 had remedy in law for his pernancy of the profits, but cestuy 

 que use had none. The books go further, and say, that a 



2 H. 7. 4. use is nothing, as in 2 H. VII. det was brought and counted 



7 H.7. ll, 12. sur i eas f or y e?rs rendering rent, &c. The defendant 



pleaded in bar, that the plaintiff nihil habuit tempore di- 

 missionis: the plaintiff made a special replication, and 

 showed that he had a use, and issue joined upon that ; 

 wherefore it appeareth, that if he had taken issue upon the 

 defendant s plea, it should have been found against him. 

 Dyer, 215. 6, So again in 4 Reginse, in the case of the Lord Sandys, the 

 truth of the cause was, a fine was levied by cestuy que use 



