236 THE USE OF THE LAW. 



and how lauds coticordia, &c. This is done before the king s judges in 



e7he b reb 0nVey ~ the Court of Common Pleas, concerning lands that a man 



should have from another to him and his heirs, or to him 



for his life, or to him and the heirs males of his body, or 



for years certain, whereupon rent may be reserved, but no 



condition or covenants. This fine is a record of great 



credit, and upon this fine are four proclamations made 



openly in the Common Pleas; that is, in ; every term one 



Five years mm for four terms together : and if any man, having right to 



claim barreth the same, make not his claim within five years after the 



An infant, proclamations ended, he loseth his right for ever, except he 



2. Feme covert, be an infant, a woman covert, a madman, or beyond the 



3. Madman, seas, and then his right is saved ; so that he claim within 



4. Beyond sea. ye vears a ft er the death of her husband s full age, recovery 



of his wits, or return from beyond the seas. This fine is 



Fine is a feoff- called a feoffment of record, because that it includeth all that 



mcnt of record. t h e feoffrnent doth, and worketh further of his own nature, 



and barreth entails peremptorily, whether the heir doth 



claim within five years or not, if he claim by him that levied 



the fine. 



what reco- Recoveries are where, for assurances of lands, the parties 



veries are. do agree, that one shall begin an action real against the 



other, as though he had good right to the land, and the 



other shall not enter into defence against it, but allege that 



he bought the land of I. H. who had warranted unto him, 



and pray that I. H. may be called in to defend the title, 



Common which I. H. is one of the cryers of the Common Pleas, and 



voucher one of i s ca n e d the common voucher. This I. H. shall appear 



courir 8 and make as if he wotdd defend it* but sha11 P ra y a da y to 



be assigned him in his matter of defence, which being 

 granted him, at the day he maketh default, and thereupon 

 the court is to give judgment against him, which cannot 

 be for him to lose his lands, because he hath it not, but the 

 party that he hath sold it to, hath that who vouched him 

 to warrant it. 



judgment for Therefore the demandant who hath no defence made 

 the demandant against it, must have judgment to have the land against 

 nantb taU.**&quot; h im that he sued ( who is called the tenant), and the tenant 

 judgment for i s to have judgment against I. H. to recover in value so 

 tenant to reco- much land of his, where, in truth, he hath none, nor never 

 ver so much w jj} &amp;gt; ^nd by ^his device, grounded upon the strict prin- 

 the common 60 ciples of law, the first tenant loseth the land, and hath 

 voucher. nothing for it ; but it is by his own agreement, for assur 

 ance to him that bought it. 



