READING ON THE STATUTE OF USES. 355 



or new declaration ; the latter of which I refer to the divi 

 sion of revocation : now for the former. 



The king upon his letters patent may declare a use, 

 though the patent itself implieth a use, if none be declared. 



If the king gives lands by his letters patent to I. S. and 

 his heirs, to the use of I. S. for life, the king hath the inhe 

 ritance of the use by implication of the patent, and no office 

 needeth ; for implication out of matter of record amounteth 

 ever to matter of record. 



If the queen give land to I. S. and his heirs to the use of 

 the churchwardens of the church of Dale, the patentee is 

 seised to his own use, upon that confidence or intent ; but 

 if a common person had given land in that manner, the use 

 had been void by the statute of 23 H. VIII. and the use had 

 returned to the feoffor and his heirs. A corporation may 

 take a use without deed, as hath been said before ; but can 

 limit no use without deed. 



An infant may limit a use upon a feofFment, fine, or re 

 covery, and he cannot countermand or avoid the use, except 

 he avoid the conveyance : contrary, if an infant covenant in 

 consideration of blood or marriage to stand seised to a use, 

 the use is merely void. 



If an infant bargain and sell his land for money, for com 

 mons or teaching, it is good with averment ; if for money, 

 otherwise; if it be proved it is avoidable ; for money recited 

 and not paid, it is void ; and yet in the case of a man of 

 full age the recital sufficeth. 



If baron and feme be seised in the right of the feme, or Vid. A. Beck- 

 by joint purchase during the coverture, and they join in a vvi th s case, de 

 fine, the baron cannot declare the use for longer time than fo S 57 ma1 

 the coverture, and the feme cannot declare alone ; but the 

 use goeth, according to the limitation of law, unto the feme 

 and her heirs ; but they may both join in declaration of the 

 use in fee ; and if they sever, then it is good for so much of 

 the inheritance as they concurred in ; for the law account- 

 eth all one, as if they joined ; as if the baron and feme de 

 clare a use to I. S. and his heirs, and the feme another to 

 I. D. for life, and then to I. S. and his heirs, the use is good See Glib. Us. 

 to I. S. in fee. ed. Sugd.448, 



And if upon examination the feme will declare the use to 

 the judge, and her husband agree not to it, it is void, and 

 the baron s use is only good ; the rest of the use goeth ac 

 cording to the limitation of law. 



