READING ON THE STATUTE OF USES. 345 



tion of women, the statute entitles the heir of him in re 

 mainder to enter, you find never a stranger, because the 

 statute gives entry not simpliciter, but within an ac si ; as 

 if no alienation had been made, or if the feme had been 

 naturally dead. Strangers that had right might have en 

 tered ; and therefore no saving needs. So in the statute of 

 32 of leases, the statute enacts, that the leases shall be good 

 and effectual in law, as if the lessor had been seised of a 

 good and perfect estate in fee-simple; and therefore you 

 find no saving in the statute ; and so likewise of diverse 

 other statutes, where the statute doth make a gift or title 

 good specially against certain persons, there needs no saving, 

 except it be to exempt some of those persons, as in the sta 

 tute of 1 R. III. Now to apply this to the case of rents, 

 which is penned with an ac si, namely, as if a sufficient 

 grant or other lawful conveyance had been made, or exe 

 cuted by such as were seised ; why if such a grant of a rent 

 had been made, one that had an ancient right might have 

 entered and have avoided the charge; and therefore no 

 saving needeth: but the second and first cases are not 

 penned with an ac si, but absolute, that cestuy que use shall 

 be adjudged in estate and possession, which is a judgment 

 of parliament stronger than any fine, to bind all rights ; nay, 

 it hath farther words, namely, in lawful estate and posses 

 sion, which maketh that the stronger than any in the first 

 clause. For if the words only had stood upon the second 

 clause, namely, that the estate of the feoffee should be 

 in cestuy que use, then perhaps the gift should have been 

 special, and so the saving superfluous: and this note is 

 very material in regard of the great question, whether the 

 feoffees may make any regress; which opinion, I mean, 

 that no regress is left unto them, is principally to be argued 

 out of the saving ; as shall be now declared : for the savings 

 are two in number: the first saveth all stranger s rights, 

 with an exception of the feoffee s ; the second is a savino- 

 out of the exception of the first saving, namely, of the 

 feoffees in case where they claim to their own proper use : 

 it had been easy in the first saving out of the statute, other 

 than such persons as are seised, or hereafter should be 

 seised to any use, to have added to these words, executed 

 by this statute ; or in the second saving to have added unto 

 the words, claiming to their proper use, these words, or to 

 the use of any other, and executed by this statute : but the 

 regress of the feoffee is shut out between the two savings ; 

 for it is the right of a person claiming to a use, and not 



