THE CASE OF REVOCATION OF USES. 285 



to take the one part, which is the privation of my lady s 

 jointure, and not the other, which is the restitution or com 

 pensation, were a thing utterly injurious in matter, and ab 

 surd in construction. 



The fourth reason is out of the nature of the conveyance, 

 which is by way of use, and therefore ought to be construed 

 more favourably according to the intent, and not literally 

 or strictly; for although it be said in Frene and Dillon s 

 case, and in Fitzwilliams s case, that it is safe so to con 

 strue the statute of 27 H. VIII. as that uses may be made 

 subject to the rules of the common law, which the profes 

 sors of the law do know, and not leave them to be extra 

 vagant and irregular; yet if the late authorities be well 

 marked, and the reason of them, you shall find this dif 

 ference, that uses in point of operation are reduced to a 

 kind of conformity with the rules of the common law, but 

 that in point of exposition of words they retain somewhat 

 of their ancient nature, and are expounded more liberally 

 according to the intent; for with that part the statute of 

 27 doth not meddle. And therefore if the question be, whe 

 ther a bargain and sale upon condition be good to reduce 

 the state back without an entry ? or whether, if a man make 

 a feotf ment in fee to the use of John a Style for years, the 

 remainder to the right heirs of John a Downe, this remain 

 der be good or nor these cases will follow the grounds of 

 the common law for possessions, in point of operation ; but 

 so will it not be in point of exposition. 



For if I have the manor of Dale and the manor of Sale 

 lying both in Vale, and I make a lease for life of them both, 

 the remainder of the manor of Dale, and all other my lands 

 in Vale to John a Style, the remainder of the manor of 

 Sale to John a Downe, this latter remainder is void, because 

 it comes too late, the general words having carried it before 

 to John a Style. But put it by way of use a man makes a 

 feoffment in fee of both manors, and limits the use of the 

 manor of Dale, and all the other lands in Vale to the use of 

 himself, and his wife for her jointure, and of the manor of 

 Sale to the use of himself alone. Now his wife shall have The case of the 

 no jointure in the manor of Sale, and so was it judged in manor of 

 the case of the manor of Odiam. 



And therefore our case is more strong, being by way of 

 use, and you may well construe the latter part to controul 

 and qualify the first, and to make it attend and expect: 

 nay, it is not amiss to see the case of Peryman, 41 Eliz. 41 Eliz. Co. p. 

 Coke, p. 5. f. 84. where by a custom a livery may expect ; 5 - f - 84 



