case livre Elizabeth dorm case a praecipe quod To give back by a writ of entry  in the post for common recovery lie for a advowson common liberty franchise  and annual pension although by the ordinary rule of law such writ do not lie  for they for a common recovery be a common assurance by agreement of the party  of which the judge ex duty ought to take conusance adjudge and affirm in error  common error compose law the fiction of common recovery have be use in the  assurance of the subject for year those which be pass ought to be allow but de  going to be it will be to the honour science de lie of the law that the  parliament shall establish they for the time pass and leave they for the time  to come to the ancient law the commonlaw in its proceed require truth order  certainty congruity these recovery give such power to tenant in tail at this  day that he may destroy the statute of west before the say statute tenant in  tail can not alien until he have issue but now he may by a common recovery  that prove that the commonlaw do not allow it the statute of that a fine may  destroy the entail be not necessary if such recovery have be effectual both  for the entail and the remainder the common vouchee purchase land yet he shall  not render in value tenant for life remainder in tail suffer a common recovery  he in remainder upon the warranty of this estate and the voucher of the  warrantor shall recover a fictitious value which shall go to both estate for  both be but one estate yet this be not a bar to the say remainder in truth a  recovery to bar a remainder or reversion upon a estate tail require the vouch  of the donor or he in remainder by the ancient commonlaw if they be not vouch  upon such recovery then the recovery be worth nothing against they if they be  vouch all be well for they themselves assent to it e h S Br case doctor and  Stud dial cap cro part h h donee in tail render rend make a feoff yet the  donor shall avow upon the donee and shall have his rend and wardship if the  tenure be so see this in butler and baker case co