336 READING ON THE STATUTE OF USES. 



the warranty. So again the collateral garranty, which 

 otherwise is a hard law, grew no doubt only upon favour of 

 purchasers ; so likewise that the law doth take strictly rent 

 charge, conditions, extent, was merely in favour of pur 

 chasers ; so was the binding of fines at the common law, 

 the invention and practice of recoveries, to defeat the sta 

 tute of entails, and many more grounds and learnings of 

 law are to be found, respect the quiet possession of pur 

 chasers. And therefore, though the statute of 1 R. III. had 

 provided for the purchaser in some sort, by enabling the 

 acts and conveyances of cestiuj que use, yet, nevertheless, the 

 statute did not at all disable the acts or charges of the 

 feoffees : and so as Walmsly j ustice said, 42 Eliz. they played 

 at double hand, for ceslity que use might sell, and the feoffee 

 might sell, which was a very great uncertainty to the pur 

 chaser. 



4. They arc 4. For the fourth point of inconvenience towards those 

 exempt trom all fl v ^ come m b v } aw . conveyances in uses were like privi- 

 titles in law. , , , ... /. / . ,11 j ,1 



leged places or liberties: for as there the law doth not run, 



so upon such conveyances the law could take no hold, but 

 they were exempted from all titles in law. No man is so 

 absolute owner in his own possessions, but that the wisdom 

 of the law doth reserve certain titles unto others ; and such 

 persons come not in by the pleasure and disposition of the 

 party, but by the justice and consideration of law, and 

 therefore of all others they are most favoured : and they 

 are principally three. 



1. The king and lords, who lost the benefit of attainders, 

 fines for alienations, escheats, aids, herriots, reliefs, &c. 



2. The demandents in pracipes either real or personal, 

 for debt and damages, who lost the benefit of their reco 

 veries and executions. 



3. Tenants in dower, and by the courtesy, who lost their 

 estates and titles. 



1. First for the king : no law doth endow the king or 

 sovereign with more prerogatives than one : for it preserveth 

 and exempteth his person from suits and actions, his pos 

 sessions from interruption or disturbance, his right from 

 limitation of time, his patents from all deceits and false 

 suggestions. Next the king is the lord, whose duties and 

 rights the law doth much favour, because the law sup- 

 poseth the land did originally come from him ; for until 

 the statute of quia emptores terrarum, the lord was not 

 forced to distract, or dismember his signiory or service. So 

 until 15 H. VII. the law was taken, that the lord, upon his 



