The works of Francis Bacon, lord chancellor of England.

THE USE OF THE LAW. 261
Att.roment And if the giver will dispose of the warranted unto him, and pray that I. H. may be
m.ast be had t reversion after it remaineth in himself, called in to defend the title which I. H. is one of
the grant of the
reversion. he is to do it by writing, and not by the cryers of the Common Pleas, and common
word, and the tenant is to have notice of it, and is called the common voucher. This voucher ofone
the cryers of the
to atturn it, which is to give his assent by word, I. H. shall appear and make as if he onrt.
or paying rent, or the like; and except the tenant would defend it, but shall pray a day to be aswill thus atturn, the party to whom the reversion signed himn in his matter of defence, which being
is granted cannot have the reversion, neither can granted him, at the day he maketh default, and
The tenant not he compel him by any law to atturn, thereupon the court is to give judgment against
cmetob except the grant of the reversion be by him, which cannot be fbr him to lose his lands,
whore there- fine; aad then he may by writ pro- because he hath it not, but the party that he hath
version is grantml hy fLe. vided for that purpose: and if he do not sold it to, hath that who vouched him to warpurchase that writ, yet by the fine the reversion rant it.
shall pass; and the tenant shall pay no rent, Therefore the demandant who hath Judgment for
except he will himself, nor be punished for any no defence made against it, must have th mad..cnaont
zD ~~~~~~~~against Ihe tewastes in houses, woods, &c., unless it be granted judgment to have the land against him eantintail.
by bargain and sale by indenture enrolled. These that he sued, (whd is called the tenant,) and the
fee-simple estates lie open to all perils of forfeit- tenant is to have judgment against I. H. to reures, extents, encumbrances, and sales. cover in value so much land of his, Judgment for
Lands are conveyed by these six means: first, where, in truth, he hath none, nor never eeest toecover so nmuch
Land ma be by feoffment,* whichis, where by deed will. And by this device, grounded lad in, vaoe of
Land-, may he the conmnion
conv.yed six lands are given to one and his heirs, upon the strict principles of law, the vocher.
maninee of
laysf nint. and livery and seisin made according first tenant loseth the land, and hath nothing for
2. By fine, to the form and effect of the deed; if a it; but it is by his own agreement, for assurance
3. By recovery.
4. ly ose. lesser estate than fee-simple be given, to him that bought it.
5. By covenant.
6. By will. and livery of seisin made, it is not This recovery barreth entails, and all A recove brcalled a feoffment, except the fee-simple be con- remainders and reversions that should ti,h and al.hre-t
veyed, but is otherwise called a lease for life or take place after the entails, saving vers,.on and.
maindments
gift entail as abovementioned. where the king is giver of the entail, theeupon.
Whiata fe in, A fine is a real agreement, beginning and keepeth the reversion to himself, then neither
ansd how l.uads thus, Hlec estfinalis concordia, &c. This the heir, nor the remainder, nor reversion is barmay be convey- -
ed hereby. is done before the king's judges in the red by the recovery.
Court of Common Pleas, concerning lands that The reason why the heirs, remainders The reson why
a man should have from another to him and his and reversions are thus barred is be- v.........
very barre-th
heirs, or to him for his life, or to him and the heirs cause in strict law the recompense ad- those i..emder and fevermales ofhisbody, or for years certain, whereupon judged against the cryer that was..
rent may be reserved, but no condition or cove- vouchee, is to go in succession of estate as the
nants. This fine is a record of great credit, and land should have done, and then it was not reaupon this fine are four proclamations made openly son to allow the heir the liberty to keep the land
in the Common Pleas; that is, in every term one itself and also to have recompense; and, therefor four terms together: and if any man, fore, he loseth the land, and is to trust to the reFive years non
claiah barreth having right to the same, make not his compense.. An infant. claim within five years after the procla- This sleight was first invented when
2. Feme covert.. The many in
3. Madman.. mations ended, he loseth his right, for entails fell out to be so inconvenient as.covenin ces
4. Beyondsea. of estates in
ever, except he be an infant, a woman is before declared, so that men made tail brought in
these recovecovert, a madman, or beyond the seas, and then no conscience to cut them off if they ries, which are
made now comhis right is saved; so that he claim within five could find law forit. And now by use, mon convey-'ances and as.
years after the death of her husband's full age, those recoveries are become common surances for
~~~~~~~n ~~~~~~~~~~~land.
recovery of his wits, or return from beyond the assurances against entails, remainders,,Fivoe isa ea- seas. This fine is called a feoffminent and reversions, and are the greatest security puaruenlof record. of record, because that it includeth all chasers have for their moneys; for a fine will bar
that the feoffment doth, and worketh further of his the heir in tail, and not the remainder, nor reown nature, and barreth entails peremptorily, version, but a common recovery will bar them all.
whether the heir doth claim within five years or Upon feoffminents and recoveries, the
Upon fincs, revfs.
not, if he claim by him that levied the fine, estate doth settle as the use and intent ments..and.ecoveries, the
what recove. Recoveries are where, for assurances of the parties is declared by word or estate dothl setries are.oe tie according to
of lands, the parties do agree, that one writing, before the act was done; As the intent of
the parties.
shall begin an action real against the other, as for example; they make a writing that
though he had good right to the land, and the one of them shall levy a fine, make a feoffment,
other shall not enter into defence against it, but or suffer a common recovery to the other, but the
allege that he bought the land of I. H. who had use and intent is, that one should have it tor his