330 READING ON THE STATUTE OF USES. 



case of a disseisin extends the time to the life of the dis- 

 seisor; and in all other actions, leaves it to the year from 

 time to time of the action grown. In 11 H. VI. cap. 3, the 

 statute of 4 H. IV. is declared, because that conceit was 

 upon that statute, that in case of disseisin the limitation of 

 the life of the disseisor went only to the assize of novel dis 

 seisin, and to no other action ; and, therefore, that statute 

 declareth the former law to extend to all other actions, 

 grounded upon novel disseisin. In 11 H. IV. cap. 5, a 

 statute was made for relief of him in remainder against par 

 ticular tenants, for lives, or years, that assigned over their 

 estates, and took the profits, and then committed waste; 

 and therefore this statute giveth an action of waste against 

 them, being pernors of profits. In all this course of statutes 

 no relief is given to purchasers, that come in by the party, 

 but to such as come in by law, as defendants in pra- 

 cipes, whether they be creditors, disseisors, or lessors, and 

 lands, and that only in case of mortmain : and note also, 

 that they be all in cases of special covinous intents, as to 

 defeat executions, tenancy to the pracipe, and the statute 

 of mortmain, or provisors. From 11 H. VI. to 1 R. III. 

 being a space of some fifty years, a great silence of uses 

 in the statute book, which was this time no question, 

 they were favoured most. In 1 R. III. cap. 1, cometh that 

 great statute for the relief of those that come in by the 

 party, and at that time a use appeareth in his likeness ; for 

 there is not a word spoken of any taking of the profits, to 

 describe a use by, but of claiming to a use ; and this statute 

 ordained, that all feoffments, gifts, grants, &c. shall be 

 good against the feofTors, donors, and grantors, and all 

 other persons claiming only to their use ; so as here the 

 purchaser was fully relieved, and cestuy que use was obiter 

 enabled to change his feoffees ; because there were no words 

 in the statute of feoffments, grants, &c. upon good consi 

 deration, but generally. In H. VII. s time new statutes 

 were made for further help and remedy to those that came 

 in by act in law; as 1 H. VII. cap. 1, aformedon is given 

 without limitation of time against cestuy que use; and obiter, 

 because they make him tenant, they give him the advantage 

 of a tenant, with age and a voucher over : query 4 H. VII. 

 cap. 17, the wardship is given to the lord of the heir of 

 cestuy que use, dying, and no will declared, as if he had died 

 seised in demesne, and recipricd the action of waste given 

 to the heir against the guardian, and damages, if the lord 

 were barred in his writ of ward ; and relief is likewise given 

 unto the lord, if he, holding by knight service, be of full age. 



