READING ON THE STATUTE OF USES. 341 



in joint feoffees to follow in a branch by itself; for else 

 that case had been doubtful upon this word, other. 



The words that are common to both are words expressing Collard v. Call, 

 the conveyance whereby the use ariseth, of which words 2 R - Abr. 788. 

 those that breed any question are, agreement, will, other- \ gy^/ 3 &quot; 

 wise, whereby some have inferred that uses might be raised 

 by agreement parole, so there were a consideration of 

 money or other matter valuable ; for it is expressed in the 

 words before, bargain, sale, and contract, but of blood, or 

 kindred ; the error of which collection appeareth in the 

 word immediately following, namely, will, whereby they 

 might as well include, that a man seised of land might 

 raise a use by will, especially to any of his sons or kin 

 dred, where there is a real consideration ; and by that 

 reason, mean, betwixt this statute and by the statute of 32 

 of wills, lands were devisable, especially to any man s 

 kindred, which was clearly otherwise ; and therefore those 

 words were put in, but in regard of uses formerly trans 

 ferred by those conveyances ; for it is clear that a use in 

 esse by simple agreement, with consideration, or without, 

 or likewise by will, might be transferred ; and there was a 

 person seised to a use, by force of that agreement or will, 

 namely, to the use of the assignee ; and for the word other 

 wise, it should by the generality of the word include a 

 disseisin to a use. But the whole scope of the statute 

 crosseth that which was to execute such uses, as were 

 confidences and trust, which could not be in case of 

 disseisin; for if there were a commandment precedent, 

 then the land was vested in cestuy que use upon the 

 entry; and if the disseisin were of the disseisor s own 

 head, then no trust. And thus much for the case of ex 

 position of this statute: here follow the ordinance and 

 purview thereupon. 



The purview hath two parts : the first operatic statuti, Purview or 

 the effect that the statute worketh; and there is modus ordinan ce 

 operandi, a fiction, or explanation how the statute doth * 

 work that effect. The effect is, that cestuy que use shall Coltemar v. 

 be in possession of like estate as he hath in the use ; the Senhouse. 

 fiction quomodo is, that the statute will have the possession ?&amp;lt;?J le ?L 



, -i-i IIP O*O. OOO. 



of cestuy que use, as a new body compounded of matter Li s ] e v. Gray. 

 and form ; and that the feoffees shall give matter and sub- ! R ep&amp;lt; 10. 28. 

 stance, and the use shall give form and quality. The ma- li? 8 ,, . , , 



1 j ,i /! r ,1 r UuUttleiffh 8 



tenal words in the first part of the purview are four. cas e. 



The first words are, remainder and reverter, the statute Cooper v. 

 having spoken before of uses in fee-simple, in tail, for F r T &amp;gt; nkl 7, n&amp;lt; ~ on 



i f i i ,1 ,i i 1 JtvO. Anr./oU. 



lite, or years, addeth, or otherwise in remainder or reverter; cvo. Jac. 401. 



