334 READING ON THE STATUTE OF USES. 



nance of the statute, and because all the mischief hath 

 grown by expounding of this statute, as if they had cut off 

 the body of this statute from the preamble ; it is good to 

 consider it and ponder it thoroughly. 

 Its parts. The preamble hath three prats. 



First, a recital of our principal inconvenience, which is 

 the root of all the rest. 



Secondly, an enumeration of divers particular inconve 

 niences, as branches of the former. 



Thirdly, a taste or brief note of the remedy that the sta 

 tute meaneth to apply. 



1. The princi- The principal inconvenience, which is radix omnium ma- 

 pal inconveni- forum, is the digressing from the grounds and principles of 



the common law, by inventing a mean to transfer lands and 

 hereditaments without any solemnity or act notorious ; so 

 as the whole statute is to be expounded strongly towards 

 the extinguishment of all conveyances, whereby the free 

 hold or inheritance may pass without any new confections 

 of deeds, executions of estate or entries, except it be where 

 the estate is of privity and dependence one towards the 

 other; in which cases, mutatis mutandis, they might pass 

 by the rules of the common law. 



2. The particu- The particular inconveniences by the law rehearsed may 



be reduced into four heads * 



1. First, that these conveyances in use are weak for con 

 sideration. 



2. Secondly, that they are obscure and doubtful for trial. 



3. Thirdly, that they are dangerous for lack of notice and 

 publication. 



4. Fourthly, that they are exempted from all such titles 

 as the law subjecteth possessions unto. 



The first inconvenience lighteth upon heirs. 

 The second upon jurors and witnesses. 

 The third upon purchasers. 

 The fourth upon such as come in by gift in law. 

 All which are persons that the law doth principally respect 

 and favour, 



i. They are For the first of these are there three impediments to the 

 weakinconsi- judgment of man. in disposing; wisely and advisedly of his 

 tstate. 



First, nonability of mind. 

 Secondly, want of time. 



Thirdly, of wise and faithful counsel about him. 

 1. And all these three the statute did find to be in the 

 disposition of a use by will, whereof followed the unjust 



