READING ON THE STATUTE OF USES. 339 



reading I could never see; but I do now insist upon it, 

 because now again some, in an immoderate invective against 

 uses, do relapse to the same opinion. 



The second opinion, which I call a contrary extremity, is Opinion, 

 that the statute meant only to remedy the mischiefs in the 

 preamble, recited as they grew by reason of divided uses ; 

 although the like mischief may grow upon the contingent 

 uses, yet the statute had no foresight of them at that time, 

 and so it was merely a new case not comprised. Whereunto 

 I answer, that I grant the work of the statute is to execute 

 the divided use; and, therefore, to make any use void by 

 this statute which was good before, though it doth partici 

 pate of the mischief recited in the statute, were to make a 

 law upon a preamble without a purview, which were grossly 

 absurd. But upon the question what uses are executed, 

 and what not ; and whether out of the possessions of a 

 disseisin, or other possessions out of privity or not, there 

 you shall guide your exposition according to the preamble ; 

 as shall be handled in my next day s discourse, and so 

 much touching the preamble of this law. 



For the body of the law, I would wish all readers that Cap. 2. The 

 expound statutes to do as scholars are willed to do : that bod y of tlie 

 is, first, to seek out the principal verb ; that is, to note and lavv * 

 single out the material words whereupon this statute is 

 framed ; for there are, in every statute, certain words, which 

 are veins where the life and blood of the statute cometh, 

 and where all doubts do arise and issue forth, and all the 

 rest of the words are but liters mortua, fulfilling words. 



The body of the statute consisteth upon two parts. 



First, a supposition, or case put, as Anderson, 36 Eliz. 

 called it. 



Secondly, a purview, or ordinance thereupon. 



The cases of the statute are three, and every one hath The cases of 

 his purview : the general case ; the case of feoffees to the the statute. 

 use of some of them ; and the general case of feoffees to 

 the use or pernors of rents or profits. 



The general case is built upon eight material words : 2. The general 

 four on the part of the feoffees ; three on the part of cestuy case. 

 que use ; and one common to them both. 



The first material word on the part of the feoffees is the 

 word person. This excludes all abeyance ; for there can 

 be no confidence reposed but in a person certain. It ex 

 cludes again all corporations : for they are enabled to a use 

 certain ; for note on the part of the feoffor over the statute 

 insists upon the word person ; and on the part of cestuy 

 que use, it ever addeth, body politic. 



