case. 



344 READING ON THE STATUTE OF USES. 



26 Hen. 8. 13. in the statute of 26 of treasons, where it is said, that 

 the offenders shall be attainted of the overt fact by men of 

 their condition, in this place, that is to say, of their degree 

 and sort: and so the word condition in this place is no 

 more, but in like quality, manner, form and degree, or sort; 

 so as all these words amount but to modo et forma. Hence 

 therefore all circumstances of estate are comprehended as 

 sole seisin, or jointly seisin, by intierties, or by moieties, a 

 circumstance of estate to have age as coming in by descent, 

 or not age as purchaser; a circumstance of estate descend 

 able to the heir of the part of the father, or of the part of 

 the mother ; a circumstance of estate conditional or abso- 

 solute, remitted or not remitted, with a condition of inter 

 marriage or without. All these are accidents and circum 

 stances of estate, in all which the possession shall ensue the 

 nature and quality of the use : and thus much of the first 

 case, which is the general case. 



The second The second case of the joint feoffees needs no exposition ; 



for it pursueth the penning of the general case : only this I 

 will note, that although it had been omitted, yet the law 

 upon the first case would have been taken as the case pro 

 vided : so that it is rather an explanation than an addition ; 

 for turn that case the other way, that one were infeoffed to 

 the use of himself, and others as that case is, that divers 

 were infeoffed to the use of one of them, I hold the law to 

 be, that in the former case they shall be seised jointly; and 

 so in the latter case cestuy que use shall be seised solely ; 

 for the word other, it shall be qualified by construction of 

 cases, as shall appear when I come to my division. But 

 because this case of cofeoffees to the use of one of them 

 was a general case in the realm, therefore they foresaw it, 

 and passed over the case e converse, which was but an 

 especial case : and they were loth to bring in this case, by 

 inserting the word only into the first case, to have penned 

 it to the use only of other persons : for they had experience 

 what doubt the word only bred upon the statute of 1 R. III. 

 after this third case: and before the third case of rents 

 comes in the second saving ; and the reason of it is worth 

 the noting, why the savings are interlaced before the third 

 case ; the reason of it is, because the third case needeth no 

 saving, and the first two cases did need savings ; and that 

 is the reason of that again. 



It is a general ground, that where an act of parliament is 

 donor, if it be penned with an ac si, it is not a saving, for it 

 is a special gift, and not a general gift, which includes all 

 rights; and therefore in 11 H. VII. where upon the aliena- 



