R E C 



Ibrs in rendciliig this branch of knowledge clear and fami- 

 liar. He is likewife mentioned ;;s remarkably (killed in 

 rhetoric, allronomy, geometry, mufic, mineralogy, and 

 every part of natural hiftory. He was well acquainted 

 with the Saxon language, and made large colleftions of 

 hiilorical and other ancient manufcripts. To tiiefe various 

 ftudies he joined that of divinity, and was attached to the 

 principles of the Reformers. But e.otwithftanding he was 

 juftly deemed a prodigy of learning and talents, it does not 

 appear that he met with encouragement at all adequate to 

 his merits ; fince all that we know furllier of him is, that 

 he died in the king's bench prifon, where he was confined 

 for debt, in the year 1558. 



He was author of leveral works, fome of which were 

 leveral times reprinted, on the following fubjefts. 



" The Ground of Arts, teaching the Work and Pradlice 

 of Arithmetic, both in whole Numbers and Fraftions," 

 1540. This was dedicated to king Edward VL " Tiie 

 Whetftone of Wit," a fecond part of the former. " Tiie 

 Path-way to Knowledge, containing the fird Principles of 

 Geometry." " The Caftle of Knowledge, containing the 

 Explanation of the Sphere." " The Urinal of Phyfick," 

 1547, which was reprinted in London in 1582, IJ99, and 

 l66y ; and in the lall mentioned year, the title of " The 

 Judicial of Urines" was given to it. This book contains 

 a delcription of urinary vedels with figures. It is a (liort, 

 but very methodical treatife, full of divifions and fubdi- 

 vilions relative to the different kinds of urines, and the 

 prognoflics to be deduced from them. Neverthelefs he 

 candidly acknowledges at the beginning, that the judg- 

 ment to be formed in difcafes from the urine is not fo cer- 

 tain as fome have reprefented ; and indeed tlie perplexity 

 and variety of opinions concerning this fubjeft are fuffi- 

 ciently apparent from his treatife. His other works were, 

 « Of Anatomy ;" " Of Auricular Confeflion ;" " Of the 

 Encharill ;" and "The Image of a true Commonwealth." 

 Aikin's Biog. Memoirs of Medicine. 



RECORDER, Recoiidator, a perfon whom the 

 mayor, or other chief magillrate of any city, or town 

 corporate, having jurifdicf ion, and a court of record, within 

 their precinfts, does affociate with him, for his better direc- 

 tion in matters of juftice, and proceedings according to 

 law. He is uiually a counfellor, or other perfon, verfcd 

 and experienced in the law. In lome towns, which have 

 tlieir particular aflizes within themfelves, and no mayor, the 

 recorder is the judge. 



The recorder of London is one of the julUces of oyer 

 and terminer, and a j\illice of peace of the quorum, for 

 putting the laws in execution for preferving the peace and 

 government of the city ; and being the mouth of the city, 

 he delivers the ientences and judgments of the courts 

 therein, and alfo certifies and records the city cultoms, &c. 

 He is chofen by the lord mayor and aldermen, and at- 

 tends the buUnefs of the city, on any warning by the lord 

 mayor, &c. 



Recouder, in Mufic. See Record, fupra. 

 RECORDO i^ procejfu niittendis, in Lazu, is a writ to 

 call a record, together with the whole proceedings in the 

 caufe, out of an inferior court into the king's court. 



RECOVERY, in a legal fenfe, an obtaining of any thing 

 by judgment, or trial at law; anfwering to evlHio among 

 the civilians. 



There is a true and a fiigrud lecovery. 

 Recovery, True, is an aAual or real recovery of any 

 thing, or of the value of it, by judgment. As if a man 

 fue for any land, or other thing, and have a verdift or judg- 

 ment for him. 



R E C 



Recovery, Feigned or Common, is a fort of Jiaio jurii, 

 being a certain form or courfe prefcribcd by law to be ob- 

 ferved for the better afl'uring of lands and tenements to us ; 

 the end and effect of which is, to difcontinuc and deflroy 

 eftates-tail, remainders, and revcrfions, and to bar the in- 

 tails of them. 



Thefe common recoveries were invented by the ecclefiaf- 

 tics to elude the ftatutes of mortmain ; and afterwards en- 

 couraged by the fineffe of the courts of law in 1 2 Edw. IV. 

 in order to put an end to all fettered inheritances, and bar 

 not only eftates-tail, but alfo all remainders and rcverfions 

 expeftant thereon. 



A common recovery is fo far like a.Jine f which fee), that 

 it is a fuit or aftion, either attual or fiftitious ; and in it 

 the lands are recovered againfl the tenant of the freehold ; 

 which recovery, being a fuppofcd adjudication of the right, 

 binds all perfons, and velts a free and abfolute fee-fimple 

 in the recoveror. 



This recovery is either with a. ftngle or double -voucher; 

 and fometimes a treble or farther voucher, as the exigency 

 of the cafe may require. 



As a recovery is in the nature of an aftion at law, not 

 immediately coinpromifed like a fine, but carried throuo-h 

 every regular ftage of proceeding, its form and method are 

 not eafily underltood by thofe who are unacquainted with 

 the courfe of judicial proceedings. Judge Blackflone has, 

 therefore, itated its nature and progrefs as clearly and con- 

 cifely as pofiible ; avoiding, to the utmoft of his power, 

 all technical terms and phrafes not before interpreted. Of 

 his luminous ftatcment we fhall avail ourfelves in the fequel 

 of this article. 



Let us (fays he), in the firft place, fupppofe David Ed- 

 wards to be tenant of the freehold, and defirous to fuffer 

 a common recovery, in order to bar all entails, remainders, 

 and rcverfions, and to convey the fame in fee-fimple to 

 Francis Golding. To effeft this, Golding is to bring aa 

 aftion againfl him for the lands; and he accordingly fues 

 out a writ, called a prtscipe quod reddat, becaufe thofe were 

 its initial or moft operative words, w-hen the law proceed- 

 ings were in Latin. In this writ the demandant, Golding, 

 alleges, that the defendant, Edwards, (here called the tenant) 

 has no legal title to the land ; but that he came into poffef- 

 fion of it after one Hugh Hunt had turned the demandant 

 out of it. The fubfequent proceedings are made up into a 

 record or recovery roll, in which the writ and complaint 

 of the demandant are firft recited ; whereupon the tenant 

 appears, and calls upon one Jacob Morland, who is fup- 

 pofed, at the original purchafe, to have warranted the title 

 to the tenant ; and thereupon he prays, that the faid Jacob 

 Morland may be called in to defend the title, which he fo 

 warranted. This is called the •voucher, voccitio, or calling 

 of Jacob Morland to warranty ; and Morland is called the 

 'vouchee. Upon this, Jacob Morland, the vouchee, appears, 

 is impleaded, and defends the title. Whereupon Golding, 

 the demandant, defires leave of the court to imparl, or confer 

 with the vouchee in private; which is (as ufual) allowed 

 him. And foon afterwards tlie demandant, Golding, re- 

 turns to court, but Morland the vouchee difappears, or 

 makes the default. AVhereupon judgment is given for the 

 demandant, Golding, now called the recoveror, to recover 

 the lands in queflion againft the tenant, Edwards, who is 

 now the recoveree : and Edwards has judgment to recover 

 of Jacob Morland lands of equal value, in recompenfe for 

 the lands fo warranted by him, and now loll by his default ; 

 which is agreeable to the doftrine of warranty. This is called 

 the recompenfe, or recovery in value. But Jacob Morland 

 having no lands of his own, being ufually the cryer of the 



court 



