The Works of Francis Bacon
Cambridge Scholars Publishing, 2009 - 174 páginas
Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: inheritance is reduced to me, is the act of the ordinary. So if I covenant with I. S. a stranger, in consideration of natural love to my son, to stand seised to the use of the said I. S. to the intent he shall enfeoff my son; by this no use will rise to I. S. because the law doth respect that there is no immediate consideration between me and I. S. So if I be bound to enter into a statute before the 12 H. 4. mayor of the staple at such a day, for the security of pH-f8j a hundred pounds, and the obligee, before the day, accept of me a lease of a house in satisfaction; this is no plea in debt upon my obligation: and yet the end of this statute was but security for money; but because the entering into this statute itself, which is the mediate act whereto I am bound, is a corporal act which lieth not in satisfaction, therefore the law taketh no consideration that the remote intent was for money. So if I make a feoffment in fee, upon condition sr R. that the feoffee shall enfeoff over, and the feoffee be Chest- disseised, and a descent cast, and then the feoffee bind himself in a statute, which statute is discharged before the recovery of the land: this is no breach of the condition, because the land was never liable to the statute, and the possibility that it should be liable upon recovery the law doth not respect. So if I enfeoff two, upon condition to enfeoff, and one of them take a wife, the condition is not broken; and yet there is a remote possibility that the joint- tenant may die, and then the feme is intitled to dower. So if a man purchase land in fee-simple, and die without issue; in the first degree the law respecteth dignity of sex, and not proximity; and therefore the remote heir on the part of the father shall have it, before the near heir on the part of th...