clause well layout useless per presumptionem to move back well cause ex post  facto non prop up clause well layout useless be say when the act or the word  do work or express no more than the law by intendment will have supply and  therefore the double or iterate of that and no more which the conceit of law  do in a sort prevent and preoccupate be repute nugation and be not support and  make of substance either by a foreign intendment of some purpose in regard  whereof it may be material nor upon any cause emerge afterward which may  induce a operation of those idle word and therefore if a man demise land at  this day to his son and heir this be a void devise because the disposition of  law do cast the same upon the heir by descent and yet if it be knight service  land and the heir within age if he take by the devise he shall have two part  of the profit to his own use and the guardian shall have benefit but of the  three but if a man devise land to his two daughter have no son then the devise  be good because he do alter the disposition of law for by the law they shall  take in copercenarie but by the devise they shall take joint and this be not  any foreign collateral purpose but in point of take of estate so if a man make  feoff in fee to the use of his last will and testament these word of special  limitation be void and the law reserve the ancient use to the feoff and his  heir and yet if the word may stand then may it be authority by his will to  declare and appoint use then though it be knight service land he may dispose  the whole as if a man make a feoff in fee to the use of the will and testament  of a stranger there the stranger may declare a use of the whole by his will  notwithstanding it be knight service land but the reason of the principal case  be because use before the statute of h be to have be dispose by will and  therefore before that statute a use limit in the from aforesaid be but a  frivolous limitation in regard of the old use that the law reserve be  devisable and the statute of alter not the law as to the create and limit of  any use and therefore after that statute and before the statute of will when  no land can have be devise yet be it a void limitation as before and so  continue to this day but if I make a feoff in fee to the use of my last will  and testament thereby to declare a estate tail and no great estate and after  my death and after such estate declare shall expire or in default of such  declaration then to the use of I S and his heir this be a good limitation  maxim h gourd by our m Br devise h die h Edward and I may by my will declare a  use of the whole land to a stranger though it be hold in knight service and  yet I have a estate in feesimple by virtue of the old use during life so if I  make a feoff in fee to the use of my right heir this be a void limitation and  the use reserve by the law do take place and yet if the limitation shall be  good the heir shall come in by way of purchase who otherwise come in by  descent but this be but a circumstance which the law respect not as be prove  before but if I make a feoff in fee to the use of my right heir and the right  heir of I S this be a good use because I have alter the disposition of law  neither be it void for a moiety but both our right heir when they come in be  shall take by joint purchase and he to who the first fall shall take the whole  subject nevertheless to his companion title so it have not descend from the  first heir to the heir of the heir for a man can be joint tenant claim by  purchase and the other by descent because they be several title so if a man  have land on the part of his mother make a feoff in fee to the use of himself  and his heir this use though express shall not go to he and the heir of the  part of his father as a new purchase no more than it shall have do if it have  be a feoff in fee naked without consideration for the intendment be remote but  if baron and feme be and they join in a fine of the femes land and express a  use to the husband and wife and their heir this limitation shall give a joint  estate by intierties to they both because the intendment of law will have  convey the use to the feme alone and thus much touch foreign intendment for  matter ex post facto if a lease for life be make to two and the survivor of  they and they after make partition now these word and the survivor of they  shall seem to carry purpose as a limitation that either of they shall be state  of his part for both their life several but yet the law at the first construe  the word but word of dilate to describe a joint estate and if one of they die  after partition there shall be no occupant but his part shall revert so if a  man grant a rend charge out of acre and grant further that the whole rend  shall issue out of every acre and distress accord afterward the grauntee  purchase a acre now this clause shall seem to be material to uphold the rend  but yet nevertheless the law at first accept of these word but as word of  explanation h Edward h die h dyer Elizabeth die e die Edward e Fitzherbert  devise m pl dyer Edward h off Fitzherbert part h p d e come per hind h and  then notwithstanding the whole rend be extinct so if a gift entail be make  upon condition that if tenant entail die without issue it shall be lawful for  the donor to enter and the donee discontinue and die without issue now this  condition shall seem material to give he benefit of entry but because it do at  the first limit the estate accord to the limitation of law it work nothing  upon this matter emergent afterward so if a gift entail be make of land hold  in knight service with a express reservation of the same service whereby the  land be hold over and the gift be with warranty and the land be evict and  other land recover in valve against the donor hold in soccage now the tenure  which the law make between the donor and donee shall be in soccage and not in  knight service because the first reservation be accord to the oweltie of  service which be no more than the law will have reserve but if a gift entail  have be make of land hold in soccage with a reservation of knight service  tenure and with warranty then because the intendment of law be alter the new  land shall be hold by the same service the last land be without any regard at  all to the tenure para Aff pl mount and thus much of matter ex post bargain  this rule fail where that the law say as much as the party but upon foreign  matter not pregnant and appear upon the same act and conveyance as if lessee  for life be and be let we for year if he live so long this limitation if he  live so long be no more than the law say but it do not appear upon the same  conveyance or act that this limitation be nugatory but it be foreign matter in  respect of the truth of the state whence the lease be derive and therefore if  lessee for life make a feoff in fee yet the state of the lease for year be not  enlarge against the feoff otherwise have it be if such limitation have not be  but that it have be leave only to the law so if tenant after possibility make  a lease for year and the donor confirm to the lessee to hold without  impeachment of waste during the life of tenant entail this be no more than the  law say but the privilege of tenant after possibility be foreign matter as to  the lease and confirmation and therefore if tenant after possibility do  surrender yet the lessee shall hold dispunishable of waste otherwise have it  be if no such confirmation at all have be make also heed must be give that it  be indeed the same thing which the law intend and which h per Keble Edward  Fitzherbert pl the party express and not like or resemble and such as may  stand both together for if I let land for life render a rend and by my deed  warrant the same land this warranty in law and warranty in deed be not the  same thing but may both stand together there remain yet a great question on  this rule a principal reason whereupon this rule be build shall seem to be  because such act or clause be think to be but declaratory add upon ignorance  and ex consuitudine a clergyman upon observe of a common from and not upon  purpose or meaning and therefore whether by particular and precise word a man  may not control the intendment of the law to this I answer that no precise or  express word will control this intendment of lawbut as the general word be  void because they say contrary to that the law say so be they which be think  to be against the law and therefore if I demise my land be knight service  tenure to my heir and express my intention to be that the one part shall  descend to he as the three appoint by statute and the other he shall take by  devise to his own use yet this be void for the law say he be in by dissent of  the whole and I say he shall be in by devise which be against the law but if I  make a gift entail and say upon condition that if tenant entail discontinue  and after die without issue it shall be lawful for I to enter this be a good  clause to make a condition because it be but in one case and do not erode the  law general for if the tenant entail in that case be seize and a descent cast  and die without issue I that be the donor shall not enter but if the clause  have be provide that if tenant entail discontinue or suffer a descent or do  any other fact whatsoever that after his death without issue it shall be  lawful for I to enter now this be a void condition for it import a repugnancy  to law as if I will overrule that where the law say I be put to my action I  nevertheless will reserve to my self a entry