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A28244 The learned reading of Sir Francis Bacon, one of Her Majesties learned counsell at law, upon the statute of uses being his double reading to the honourable society of Grayes Inne ... Bacon, Francis, 1561-1626. 1642 (1642) Wing B301; ESTC R9108 38,255 61

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The LEARNED READING Of Sir Francis Bacon One of her Majesties learned Counsell at Law upon the Statute of USES Being his double Reading to the Honourable Society of GRAYES Inne Published for the Common good LONDON Printed for Mathew Walbancke and Laurence Chapman 1642. The Learned Reading of Sir FRANCIS BACON upon the Statute of Vses I Have chosen to Read upon the Law of Vses made 27. Hen. 8 a Law whereupon the Inheritances of this Realme are tossed at this day like a Ship upon the Sea in such sort that it is hard to say which Barke will sinke and which will get to the Haven that is to say what assurances will stand good and what will not whether is this any lack or default in the Pilots their grave and learned Judges but the Tydes and Currents of received errours and unwarranted and abusive experience have bin so strong as they were not able to keepe a right course according to the Law so as this Statute is in great part as a Law made in the Parliament held 35. Reginae for in 37. Reginae by the notable judgement upon solemne Arguments of all the Judges assembled in the Exchequet Chamber in the famous case betweene Dillon and Fraeyne concerning an assurance by Chudley this Law began to be reduced to a true and sound Exposition and the fall and perverted Exposition which had continued for so many yeares but never countenanced by any rule or authority of weight but onely intertained in a popular conceipt in practice at adventure grew to be controled since which time as it commeth to passe alwaies upon the first reforming of inveterate errours many doubts and perplexed Questions have risen which are not yet resolved nor the Law thereupon setled The consideration whereof moved me to take the occasion of performing this particular duty to the House to see if I could by my travell bring to a more generall good of the Common wealth Herein though I could not be ignorant of the difficulty of matter which he that taketh in hand shall soone find or much leffe of my owne unablenesse which I had continuall sence and feeling of yet because I had more meanes of absolution then the younger sort and more leasure then the greater sort I did thinke it not impossible to worke some profitable effect the rather because where an inferior wit is bent and conversant upon one Subject he shall many times with patience and meditation dissolve and undoe many of the knots which a greater wit distracted with many matters would rather cut in two then unknit at the least if my intention or judgement be too barren or too weake yet by the benefit of other Arts I did hope to dispose or digest the authorities or Opinions which are in Cases of use in such order and method as they should take light one from another though they tooke no light from me and like to the matter of my Reading shall my manner be for my meaning is to revive and recontinue the antient sonne of Reading which you may see in Mr. Frowickes upon the Prerogative and all other Readings of ancient time being of lesse ostentation and more fruite then the manner lately accustomed for the use then was substantially to expound the Statutes by grounds and diversities as you shall find the Readings still to run upon case of the like Law and contrary Law whereof the one includes the learning of a difference and not to stir concise and subtile doub●s or to contrive tedious and intricate Cases whereof all saving one are buried and the greater part of that one case which is taken is commonly nothing to the matter in hand but my labour shall be in the antient course to open the Law upon doubts and not doubts upon the Law Expositio Statuti THe Exposition of this Statute consists upon the matter without the Statutes upon the matter within the Statute Three things concerning these Statutes and all other Statutes which are helpes and inducements to the right understanding of my Statute and yet are no part of the Statute it selfe The consideration of the Statute at the Common Law The consideration of the mischiefe which the Statute intendeth to redresse as any other mischiefe which an Expositor of the Statute this way or that way may breed Certaine Maximes of the common Ley touching Exposition of Statutes having therefore framed sixe divisions according to the number of Readings upon the Statute it selfe I have likewise divided the matter without the Statute into sixe Introductions or Discourses so that for every dayes Reading I have made triple proposition 1. Vn Preface or Introduction 2. Vn Division upon the Law it selfe 3 A few brief Casas for Exercise and Argument The last of which I would have forborne and according to the antient manner You should have taken some of my points upon my Divisions one two or more as you should have thought good save that I had this regard that the younger sort of the Barre were not so conversant upon matters upon the Statutes and for that Case I have interlaced some matters at the Common Law that are more familiar within the books The first matter I will Discourse unto you is the nature and definition of an use and his Incession and Progression before the Statute The Second Discourse shall be of the second spring of this Tree of Uses since the Statute The Third Discourse shall be of the Estate of the assurance of this Realme at this day upon Uses and what kind of them is convenient and reasonable and not fit to be touched as far as sence of Law and naturall construction of the Statute will give leave and what kind of them is convenient and meete to bee suppressed The Fourth Discourse shall be of certaine Rules and Expositions of Lawes applyed to this present purpose The Fifth Discourse shall bee of the best course to remedy the same inconveniences now a foot by construction of the Statute withoutoftering violence to the letter or sence The Sixt and last Discourse shall be of the best course to remedy the same inconveniences and to declare the Law by Act of Parliament which last I thinke good to reserve and not to publish The nature of a use is best discerned by considering what it is not and then what it is for it is the nature of all humane Science and knowledge to proceed most safely by Negative and exclusive First use is no right title or interest in Law and therefore Master Attorney who read upon this Statute said well that there are but two rights Ius in Re Ius ad Rem The one is an Estate which is Ius in Re the other a demand which is Ius ad Rem but a use is neither so that in 24. H. 8. it is said that the saving of the Statute of I. R. ● which saveth any right or interest of Intayle must be understood of Intayles of the