340 



READING ON THE STATUTE OF USES. 



. 310. 



Dy. 49. The second word material is the word seised. This ex- 



Cramlington s c i u( j es chattels. The reason they meant to remit the com 

 mon law, and not to alter that chattels might ever pass by 

 testament or by parole ; therefore the use did not pervert 

 them. It excludes again rights, for it was against the 

 rules of the common law to grant or transfer rights ; there 

 fore the statute would execute them. Thirdly, it ex 

 cludes contingent uses, because the seisin can be but 

 to a fee-simple of a use; and when that is limited, the 

 seisin of the feoffee is spent; for Littleton tells us, that 

 there are but two seisins ; one, in dominio ut de feodo ; 

 the other, ut de feodo ; and the feoffee by the common 

 law could execute but the fee-simple to uses present, and 

 no post uses ; and therefore the statute meant not to exe 

 cute them. 



The third material word is the word hereafter: that 

 bringeth in conveyances made after the statute. It brings 

 in again conveyances made before and disturbed by dis 

 seisin and recontinued after ; for it is not said, infeoffed to 

 use, but hereafter seised. 



The fourth word is hereditament, which is to be under 

 stood of those things whereof an inheritance may be, and 

 not of those things whereof an inheritance is in esse ; for 

 if I grant a rent charge de novo for life to a use, this is 

 good enough; and yet there is no inheritance in being of 

 this rent. This word likewise excludes annuities and uses 

 themselves, so that a use cannot be to a use. 



The first words on the part of cestuy que use are the 

 words, use, trust, or confidence ; whereby it is plain that 

 the statute meant not to make use vocabulatum artis, but it 

 meant to remedy matter, and not word; and in all the 

 clauses it still carrieth the words. 



The second word is the word person, again, which ex- 

 C&amp;lt;Hitr.Burchett cludeth all abeyance ; it excludeth also dead uses, which 

 v. Durdant. are not to bodies lively and natural, as the building of a 

 church, the making of a bridge ; but here, as was noted 

 before, is ever coupled with body politic. 



The third word is the word other : The statute meant 

 not to cross the common law. Now at this time uses were 

 grown into such familiarity, as men could not think of a 

 possession, but in course of use; and so every man was 

 said to be seised to his own use, as well as to the use of 

 others ; therefore, because the statute would not stir nor 

 turmoil possessions settled at common law, it putteth in 

 precisely this word, other ; meaning the divided use, and 

 not the conjoined use; and this word causeth the clause 



Broughton v. 

 Langley. 

 Salk. 679. 

 1 Lutw. 823. 



