350 READING ON THE STATUTE OF USES. 



he may disagree to the feoffment as to his own estate, but 

 not to divest the remainder, but it shall remain to the benefit 

 of him in remainder. 



And yet if an attainted person be infeoffed to a use, the 

 king s title, after office found, shall prevent the use, and 

 relate above it ; but until office the cestuy que use is seised 

 of the land. 



Like law of an alien ; for if land be given to an alien to 

 a use, the use is not void ab initio : yet neither alien or at 

 tainted person can maintain an action to defend the land. 



The king s villain if he be infeoffed to a use, the king s 

 title shall relate above the use ; otherwise in case of a com 

 mon person. 



But if the lord be infeoffed to the use of his villain, the 

 use neither riseth, but the lord is in by the common law, 

 and not by the statute discharged of the use. 



But if the husband be infeoffed to the use of his wife for 

 years, if he die the wife shall have the term, and it shall 

 not inure by way of discharge, although the husband may 

 dispose of the wife s term. 



So if the lord of whom the land is held be infeoffed to 

 the use of a person attainted, the lord shall not hold by way 

 of discharge of the use, because of the king s title, annum, 

 diem et vastum. 



A person uncertain is not within the statute, nor any 

 estate in nubibus or suspense executed ; as if I give land to 

 I. S. the remainder to the right heirs of I. D. to the use of 

 I. N. and his heirs, I. N. is not seised of the fee-simple 

 of an estate pour vie of I. S. till I. D. be dead, and then in 

 fee-simple. 



Like law, if before the statute I give land to I. S.poiirautre 

 vie to a use, and I. S. dieth, living cestuy que use, whereby the 

 freehold is in suspense, the statute cometh, and no occupant 

 entereth : the use is not executed out of the freehold in sus 

 pense for the occupant, the disseisor, the lord by escheat. 

 The feoffee upon consideration, not having notice, and all 

 other persons which shall be seised to use, not in regard of 

 their persons but of their title ; I refer them to my division 

 touching disturbance and interruption of uses. 



2. What person It followeth now to see what person may be a cestuy que 



may be a cestuy uset The king may be cestuy que use ; but it behoveth both 



que use. ^ Q declaration of the use, and the conveyance itself, to be 



matter of record, because the king s title is compounded of 



both ; I say, not appearing of record, but by conveyance of 



record. And therefore if I covenant with I. S. to levy a 



