READING ON THE STATUTE OF USES. 347 



without any preamble as may appear, being but a proviso 

 to this statute. Besides all these provisional laws; and be 

 sides five provisos, whereof three attend upon the law of 

 jointure, and two born in Wales, which are not material to 

 the purpose in hand ; there are six provisos, which ar 

 natural and true members and limbs of the statute, whereof 

 four concern the part of cestuy que use, and two concern the 

 part of the feoffees. The four which concern the part of 

 cestuy que use, tend all to save him from prejudice by the 

 execution of the estate. 



The first saveth him from the extinguishment of any sta 

 tute or recognisance, as if a man had an extent of a hundred 

 acres, and a use of the inheritance of one j now the statute 

 executing the possession to that one, would have extin 

 guished his extent being intire in all the rest ; or as if the 

 conuzee of a statute having ten acres liable to the statute, 

 had made a feofTment in fee to a stranger of two, and after 

 had made a feoffment in fee to the use of the conuzee and 

 his heirs. And upon this proviso there arise three ques 

 tions : 



First, whether this proviso were not superfluous, in regard 

 that cestuy que use was comprehended in the general saving, 

 though the feoffees be excluded ? 



Secondly, whether this proviso doth save statutes or 

 executions, with an apportionment, or intire ? 



Thirdly, because it is penned indefinitely in point of time, 

 whether it shall go to uses limited after the statute, as well 

 as to those that were in being at the time of the statute ; 

 which doubt is rather enforced by this reason, because there 

 was for* uses at the time of the statute; for that the exe 

 cution of the statute might be waved; but both possession 

 and use, since the statute, may be waved. 



The second proviso saveth cestuy que use from the charge 

 of primer seisin, liveries, ouster les maims, and such other 

 duties to the king, with an express limitation of time, that 

 he shall be discharged from the time past, and charged for 

 the time to come to the king, namely, May 1536, to be corn- 

 mums terminus. 



The third proviso doth the like for fines, reliefs, and her- 

 riots, discharging them from the time past, and speaking 

 nothing of the time to come. 



The fourth proviso giveth to cestuy que use all collateral 



* The text here is manifestly corrupted, nor does any probable conjecture 

 occur for its amendment. 



