Prerogatiue.
Against the King Iudgement is not fi∣nall, but is alwayes with a Saluo iure Regis.
Recoueries in a writ of right bind all * 1.1 strangers not claiming within the yeare. As being suffered by a disseisor, it bindeth the disseisee by his non clayme. Tenant for life suffering a wrongfull recouerie, it shall preiudice his right that hath the inheri∣tance, though he be prayed in aid and make * 1.2 default. for no aide prayer is there necessa∣rie, in as much as the other being tenant of the freehold, a recouerie is good against him But that after the death of Tenant * 1.3 for life, hee may falsifie it by action of Ad terminum qui preterijt, or writ of right which we call falsifying of recoueries. But he can∣not enter, (a) 1.4 neither can lessee for yeares at the Common Law falsifie for hauing but a Chattell deriued out of a freehold, there is no reason hee should falsifie a recouerie which draweth the fee simple out of the lessor. Also the present estate vpon which the lease depends being destroyed, the lease must needs be extinct.