324 READING ON THE STATUTE OF USES. 



to a stranger ; I answer, first, it is no marvel that you find 

 no case before E. IV. his time, of contingent uses, where 

 there be not six of uses in all ; and the reason, no doubt, 

 was, because men did choose well whom they trusted, and 

 trust was well observed ; and at this day, in Ireland, where 

 uses are in practice, cases of uses come seldom in question, 

 except it be sometimes upon the alienations of tenants in 

 tail by fine, that the feoffees will not be brought to execute 

 estates to the disinheritance of ancient blood. But for ex 

 perience of contingent uses, there was nothing more usual 

 in obits than to will the use of the land to certain persons 

 and their heirs, so long as they shall pay the chantry 

 priests their wages, and in default of payment, then to 

 limit the use over to other persons and their heirs ; and so, 

 in case of forfeiture, through many degrees ; and such con- 

 iKep.121.129. veyances are as ancient as R. II. his time. 

 The extinguish- 4. Now for determining and extinguishing of uses, we 

 merit of uses. p u ^ the case of collateral warranty before ; add to that, the 

 H 11.8.4. notable case of 14 H. VIII. Halfpenny s case, where this 

 very point is in the principal case ; for a right out of land, 

 and the land itself, in case of possession, cannot stand to 

 gether, but the rent shall be extinct ; but there the case is, 

 that the use of the land and the use of the rent may stand 

 well enough together; for a rent charge was granted by 

 the feoffee to one that had notice of the use, and ruled, 

 that the rent was to the ancient use, and both uses were in 

 esse simul et semel ; and though Brudenell, chief justice, 

 urged the ground of possession to be otherwise, yet he was 

 overruled by other three justices ; and Brooke said unto him, 

 Co. Lit. 237. he thought he argued much for his pleasure. And to con- 

 Digges s case, elude, we see that things may be avoided and determined 

 ep ] 4 * by the ceremonies and acts, like unto those by which they 

 are created and raised : that which passeth by livery ought 

 to be avoided by entry ; that which passeth by grant, by 

 claim ; that which passeth by way of charge, determineth 

 by way of discharge ; and so a use which is raised but by 

 a declaration or limitation may cease by words of declara 

 tion or limitation, as the civil law saith, in his magis con- 

 sentaneum est, quam lit iisdem modis res dissolvantur quibus 

 const ituantur. 



The inception For the inception and progression of uses, I have, for a 

 and progress of p rece( J en t in them, searched other laws, because states and 

 commonwealths have common accidents; and I find, in 

 the civil law, that that which cometh nearest in name to 

 the use is nothing like in matter, which is usus fructus ; 



uses 



