case xli Elizabeth I   capel case common recovery Fauxer de recovery a tenant  in tail remainder in fee to b or the reversion in fee to b b make a lease for  year or grant a rentcharge or acknowledge a statute a afterward suffer a  common recovery and die without issue this lease grant of a rend or statute be  avoidable by say common recovery otherwise the recovery will be of no effect  to the purchaser and the recovery be paramount the say lease rentcharge and  statute by all the judge of England these common recovery be introduce in the  time of h they be never hear of before it be only a conveyance by consent and  the value be only a fiction and because it be but a fiction it do not bind a  remainder or reversion to the king it destroy will a giver it enable the  tenant to destroy the estate of his lord a donor make a gift in tail to hold  of he by knight service this tenant by a common recovery shall destroy the  tenure and the estate of his lord and shall give to a three person the  remainder or reversion which his lord c have and which he who give it have not  Jus another offer for sale that quod non to have tenant in tail shall not  avoid his own lease by such recovery nor a rend grant by he and yet the  recovery be paramount these recovery be not now to be draw in question common  error compose law as fine to bar intails be introduce by statute law it seem  very necessary that a statute shall be make to make good the say recovery for  the time pass and to come the commonlaw which can endure repugnancy and  incongruity require this it be a incongruity that the lease of the tenant in  tail who suffer a recovery or the statute acknowledge by he shall bind the  recoveror who come in paramount in the time of judge Littleton such recovery  will not have avoid a remitter as appear in his chapter of remitter there be  no occasion for a statute of fine if such recovery will serve in case of  tenant for life remainder in fee it will not serve and vet if it have be upon  a title paramount or if the real value be recover it will serve writ of entry  in the post for advowson in gross fair market and liberty distress for rend  where there be no reversion nor tenure nor grant as where a gift in tail be  make reserve rend to the donor and his heir and the tenant in tail suffer a  common recovery a distress be allow for this rend these incongruity the  commonlaw which be right reason abhor and that recovery shall be suffer by  infant to bar they and the like of feme covert Jenkins er p ante offspring  encourage tenant in tail can not alien at commonlaw but he may by these  recovery where he in reversion upon a estatetail grant a rentcharge and tenant  in tail discontinue this rentcharge be of no effect until the recontinuance of  the estatetail by he in the reversion although tenant in tail die without  issue but where a recovery be have by collusion against tenant in tail and he  die without issue such grantee shall falsify the recovery for he be a stranger  it be otherwise of party Jenkins and privy to such recovery where a recovery  be against tenant for life it must be by a writ of entry if against tenant in  tail it must be by a formedon for the heir in tail as the law be take at this  day for common recovery if tenant in tail the remainder in fee be attaint of  treason a common recovery in his lifetime in which recovery he be tenant or  vouchee do not bar the say remainder for the estatetail vest in the king  without office if he die and the heir of his body be vouch this also be no bar  to the remainder for in this case of treason the estatetail do not descend  upon he and it be vest before in the king without office h cap west de gift be  repeal by the statute of h c for the forfeiture of estatetailfor treason and  where a forfeiture be give it corrupt the blood and therefore the estate never  be in the heir in tail it be otherwise in case of a attainder of felony for  west preserve the blood descendible in this case Hobart in sheffields case  against the opinion in Dowtys case   b for this point sir William pelham case  I   a b h c Elizabeth c these recovery occasion these statute for where there  be a recovery against tenant for life remainder in fee and the vouchee enter  general into the warranty the recovery in value go to he in remainder h c help  this case where tenant for life be vouchee the statute of Edward help it where  he be tenant or vouchee between these two statute tenant for life be the  tenant in possession suffer such recovery it be adjudge a forfeiture by the  commonlaw tenant for life confess a real action bring against he by collusion  this be a forfeiture ass pl so if be join the mouse upon the mere right quod  meum be a I without I to take away non to be able it be object how shall  tenant in tail provide for his daughter or young son or redeem himself if he  be captive and how shall purchaser have sure estate answ tenant in tail ought  not to make such provision ex to seize and carry off after the e until the h  the public prosper although estatestail can not be destroy our ancestor be  frugal purchaser at this day by fine may be sure of the estatetail as long as  it shall last and so may the purchaser of the reversion if the reversioner  will pass it this be a covetous avaritious objection and have not legal  justice in it