READING ON THE STATUTE OF USES. 333 



would think that it should be turned the other way, depos- 

 sessionibus ad mm transferences : for that is the course that 

 the statute holdeth, to bring possession to the use. But the 

 title is framed not according to the working of the statute, 

 but according to the scope and intention of the statute, nam 

 quod primum est intentione ultimum est opere. And the in 

 tention of the statute was by carrying the possession to the 

 use, to turn the use into a possession for the words are not 

 de possessionibus ad usus sed in usus transferendis ; and as 

 the grammarian saith, prapositio, ad, denotat motum actionis, 

 sed prapositio, in, cum accusative denotat motum alter aiionis : 

 And therefore Kingsmill, justice, in the same case said, that 

 the meaning of the statute was to make a transubstantiation 

 of the use into a possession. 



But it is to be noted, that titles of acts of parliament 

 severally came in H. VIII. for before that time there was 

 but one title to all the acts made in one parliament ; and 

 that was no title neither, but a general preface of the good 

 intent of the king, but now it is parcel of the record. 



For the precedent of this statute upon which it is drawn, The precedent 

 I do find it by the first R. III. c. 5, whereupon you may see MP on which il 

 the very mould whereon this statute was made, where the 1S 

 said king having been infeoffed (before he usurped) to uses, 

 it was ordained that the land whereof he was jointly infeoffed 

 with others should be in his other cofeoffees as if he had 

 not been named ; and where he was solely infeoffed, it 

 should be in cestuy que use, in estate, as he had the use. 



Now to come to the statute itself, the statute consisteth, 

 as other laws do, upon a preamble, the body of the law, and 

 certain savings, and provisoes. The preamble setteth forth 

 the inconvenience, the body of the law giveth the remedy. 

 For new laws are like the apothecaries drugs, though they 

 remedy the disease, yet they trouble the body ; and there 

 fore they use to correct with spices : and so it is not pos 

 sible to find a remedy for any mischief in the common 

 wealth, but it will beget some new mischief; and therefore 

 they spice their laws with provisoes t6 correct and qualify 

 them. 



The preamble of this law was j ustly commended by Pop- The preamble, 

 ham, chief j ustice, in 36 Eliz. where he saith, that there is in Chudieigh s 

 little need to search and collect out of cases, before this case 1 Re P- 

 statute, what the mischief was which the scope of the statute 

 was to redress ; because there is a shorter way offered us, 

 by the sufficiency and fulness of the preamble, and because 

 it is indeed the very level which doth direct the very ordi- 



