THE USE OF THE LAW. 237 



This recovery barreth entails, and all remainders and A recovery bar- 

 reversions that should take place after the entails, saving jej h a &quot; d esc u he;U 

 where the king is giver of the entail, and keepeth the rever- versions and re 

 gion to himself, then neither the heir, nor the remainder, maindments 

 nor reversion is barred by the recovery. thereupon. 



The reason why the heirs, remainders, and reversions The reason why 

 are thus barred is because in strict law the recompense acommonreco- 

 adjudged against the cryer that was vouchee, is to go in those^n^ain- 

 succession of estate as the land should have done, and then der and rever- 

 it was not reason to allow the heir the liberty to keep the sions 

 land itself, and also to have recompense; and, therefore, 

 he loseth the land, and is to trust to the recompense. 



This sleight was first invented when entails fell out to be The many in- 

 so inconvenient as is before declared, so that men made no conveniences 



conscience to cut them off if they could find law for it. f .f states * n . 

 . , , J , tail brought in 



And now by use, those recoveries are become common as- these recove- 



surances against entails, remainders, and reversions, and &quot;es, which are 

 are the greatest security purchasers have for their moneys : made now com &quot; 



f n-ni i -i i t . * mon convey- 



lor a fine will bar the heir in tail, and not the remainder, ances and as- 

 nor reversion, but a common recovery will bar them all. surances for 



Upon feoffments and recoveries, the estate doth settle as landt 

 the use and intent of the parties is declared by word or f eo ff m ents n aml 

 writing, before the act was done ; As for example ; if they recoveries, the 

 make a writing that one of them shall levy a fine, make a estate doth set - 

 feoffment, or suffer a common recovery to the other, but the [h e intenunhe 

 use and intent is, that one should have it for his life, and parties. 

 after his decease, a stranger to have it in tail, and then a 

 third in fee-simple. In this case the land settleth in an 

 estate according to the use and intent declared. And that 

 by reason of the statute made 27 H. VIII. conveying the land 

 in possession to him that hath interest in the use, or intent 

 of the fine, feoffment, or recovery, according to the use and 

 intent of the parties. 



Upon this statute is likewise grounded the fourth and Bargains, sales, 

 fifth of the six conveyances, viz. bargains, sales, covenants, to a d covenants 

 stand seised to uses ; for this statute, wheresoever it findeth [ a ta &quot; d s a e r s e ie a d n 

 a use, conjoineth the possession to it, and turneth it into grounded upon 

 like quality of estate, condition, rent, and the like as the one stat ute. 

 use hath. 



The use is but the equity and honesty to hold the land in what a use is. 

 conscientia boni viri. As for example ; I and you agree that 

 I shall give you money for your land, and you shall make 

 me assurance of it. I pay you the money, but you made 

 me no assurance of it. Here, although the estate of the 

 land be still in you, yet the equity and honesty to have it 



