ccli sir William pelham case the case be a tenant for life the remainder in  tail to b c a by deed indent and enrol bargain ad sell the message so convey  to W p in fee who suffer a common recovery in which a be vouch and so a common  recovery have and execute and this be before the statute of Elizabeth and if  the recovery shall bind b and Leonard his remainder in tail be the question or  if it be a forfeiture Altham argue that here be a forfeiture it be to see if a  common recovery suffer by tenant for life which here be the bargainee be a  forfeiture or no by the commonlaw if no execution be sue upon the same  recovery if it be execute then if be in the remainder may enter for the  forfeiture when the tenant for life bargain and sell the message although upon  it a estate in fee be limit yet nothing passes from he but what he may lawful  pass and that be the estate for life of the bargainor for such a estate only  be may lawful pass and here the vendee be but tenant for the life of another  and when of his own assent he suffer common recovery and that without right it  be a forfeiture by matter in fait particular tenant may commit a forfeiture as  well as by matter of record by matter in fait be can commit a forfeiture if  not thereby the reversion be not pull out of he in the reversion as if a  lessee for year make a lease for year it be not a forfeiture for by that the  reversion be not touch but if he by matter of record do any thing which sound  to the disinherit of he in the reversion although in truth the same do not  touch the inheritance yet it be a forfeiture vide e if tenant for life plead  any thing against the right of he in the reversion it be a forfeiture and by  Finchden and BeIknap he can plead in the right ass tenant for life be implead  in a praecipe by a stranger and confess the action upon which the demandant  have judgement the lessor enter against who the demandant sue execution the  lessor bring a assize and have judgement to recover for it be a forfeiture  because the tenant for life have admit the reversion in another because it be  a alienation to the disinherit of the plaintiff and of the lessor e  Fitzherbert Resceipt where tenant for life plead in chief or can deny or  gainsay the action of the demandant or make default by covin he shall forfeit  his estate but if a rend be demand against tenant for life and he render the  same it be no forfeiture ass tenant for life be implead by covin between he  and the demandant and plead in chief without aid prayer upon which judgement  be give he in the reversion enter in a law utran against tenant for life who  plead faint traverse the point of the action he in the reversion shall not be  receive for in as much as the tenant have traverse the action he be not within  the statute of west Leonard er p default reddition but he in the reversion may  enter by the commonlaw e in to know facias to execute a fine against tenant  for life who plead to the inquest whereas in truth the land in demand be not  comprise within the fine judgement be give for the demandant Leonard in the to  know facias he in the reversion may enter in our principal case here be  apparent and manifest covin for the tenant for life vouch without cause and  this recovery be by assent and be to the use of the vendee who be tenant for  the life of another and therefore by the commonlaw be in the remainder may  enter before execution sue and it be well know that these common recovery be  use for to dock remainder in tail and that be the scope of this recovery and  as to the case of e tenant for life be implead in a praecipe quod To give back  who vouch a stranger the demandant counterpleads the voucher and it be find  for he be in the reversion have no remedy but by a writ of right and if the  vouchee enter and lose by action try or default ut above that book be to be  intend of a recovery execute for there in such case he in the reversion have  not a entry but be put to his writ of entry by the commonlaw vide Br Title  forfeiture h tenant for life be implead and pray in the aid of a stranger be  in the reversion may enter but if he do not enter until the other have recover  then be can enter but be put to his writ of entry ad boundary who praeteriit  well de entry ad common feature law and therein he shall falsify the recovery  and there by brook voucher of a stranger be not cause of forfeiture for it do  not disaffirm the reversion in the lessor and he vouch e where tenant for life  plead in the right with aid prayer and so be argue that before execution he in  the remainder may enter but after execution be put to his action but in our  case although that execution be good yet he in the remainder may enter for it  be find by verdict that at the time of the recovery he be within age and that  when he die that he in the next remainder be within age and then no entry  shall be impute and then he shall not be drive to his action as if tenant by  the courtesy make a feoff with warranty and die and the same descend to his  heir within age yet he shall enter although he have not avoid the warranty in  the life of his ancestor also he say that the statute of h extend to this case  for sir William Pelham the vendee be but tenant for life and although that he  be but tenant for the life of another yet he be tenant for life as full as if  he be tenant for his own life or otherwise tenant for life or life note this  the word of the statute as upon the statute of e which give resceipt de  defension law the word be cum quis some breve domini king to gain one versus  to hold per law Anglae well feod taliat well sub nomin dowry well alto modus  ad boundary vitae upon these word it be hold two h that where land be give to  one and his heir for the life of another that Leonard upon such a estate he in  the reversion shall be receive by reason of these word well alto modus ad  boundary vitae e and although he who enter at the time of the recovery be not  next in remainder to the particular estate yet he be within the statute of h  for he be in remainder at the time of the recovery and at the time of the  entry be in the immediate remainder be dead and then he the next in remainder  vide e by Litt if I grant my service to one for life and he in a praecipe  bring against he plead in the right or grant to another the say service in fee  it be not a forfeiture for it be no discontinuance it will be object that the  word of the statute of h be that such recovery shall be utter void and if so  then he in the reversion can be damnified and then no cause of forfeiture so  that it may be easy answer that where tenant for life do any thing which sound  to the disinherit of he in the reversion by matter of record although the same  do not divest or otherwise prejudice the inheritance yet it be a forfeiture  cook to the contrary here in our case be not any covin in sir William Pelham  the bargainee he be deceive by the bargainor for he do not know but that the  bargainor be seize in tail accord to the covenant in the indenture by which  the bargainor covenant that he be seize in tail at the time of the bargain and  also to do any other act for assurance of the estate of the bargainee and it  be lawful for he to vouch his bargainor and although he vouch a stranger it be  not a forfeiture e aid prayer of a stranger be a forfeiture and the reason of  that be because he acknowledge the reversion to be in a stranger and that be  the cause of a forfeiture vide book of entry where upon Leonard er p aid  prayer the party to have aid show such special matter but in our case the  tenant for life have vouch his bargainor and not without cause for be have a  warranty from he and the demandant can counterplead it for he have a seize  whereof he may make a feoff as to the case e Fitzherbert Resceit lessee for  life in a praecipe against he without aid prayer plead to the inquest the  first day he in reversion may enter it be true be may enter and enter into the  resceit but not into the land for a forfeiture for then Fitzherbert will have  abridge that case in the title of enter congeable and not in the title of  resceit and the book in ass be good law for there the tenant do confess the  reversion to be in another but in our case the tenant vouch which be a lawful  act and accord to the covenant of his purchase and although the recovery be by  agreement yet it be not for that a forfeiture for if the tenant for life vouch  true it be not a forfeiture before the statute Leonard of west cap which give  resceit to a woman and to those in reversion where the particular tenant be  implead and make default reddere not no remedy for these case but a writ of  right but no entry and that be for the credit which the law give to recovery  car si puissoit then be resceit give but that only in the two case aforesaid  but afterward because it be find that many particular tenant be implead will  plead faint the statute of r give resceit in such case and upon what reason be  these act make if in such case the entry be lawful but after these two statute  another practice be devise for such particular tenant will suffer recovery  secret in such sort that those in the reversion can not have notice of it so  as they can not ante judgment and prayer to be receive for the remedy of which  mischief the statute of h be make by which all recovery have against the  tenant by the courtesy or otherwise for life or life by agreement of the party  of any land whereof such particular tenant be seize shall be void as tenant by  the courtesy c shall be void against he in the reversion and yet a evasion be  find out of that statute for such particular tenant will make a feoff with  warranty and then the feoff shall be implead in a writ of entry and he vouch  the tenant for life who shall vouch over and such a recovery be out of the  statute of h for the recovery be not against such particular tenant c for the  remedy of which mischief the statute of Elizabeth be make by which it be  provide that such recovery have where such particular tenant shall be vouch  shall be void if such recovery he have between they by covin and he conceive  that the forfeiture be not in respect of the recovery it self but of the plea  plead by the tenant and here in our case there be not any covin find or that  sir William Pelham know that he be but tenant for life but it be find that the  recovery be with their assent and that be lawful as this case be for they may  agree to have such recovery for further assurance and so sir William Pelham  have not vouch any but his bargainor and that accord to their covenant and  this bargainor be not a bare tenant for life but have also a remainder in tail  although not immediate depend upon the estate for life which he cut off  therefore it be not mere a feign recovery and vide e Br forfeiture where  tenant for life be implead in a praecipe vouch a stranger it be not a  forfeiture for it do not disaffirm the reversion c contra of aid prayer for a  stranger may release with warranty to tenant for life upon which he may vouch  and he report in his argument that Bromley chancellor of England send he to  Leonard the two chief justice to know their options upon these point and they  be of opinion that the voucher of a stranger be not any forfeiture and also  that after the recovery be execute he in the remainder can not enter but they  conceive that the right of he in the remainder be not bind and he say that  after the recovery execute he in the remainder can not enter which see Br  forfeiture h for if entry in such case have be lawful infiniteness of suit  will follow which will be a thing against the credit of recovery as to the  objection of the infancy the same will not help the matter h Br saver default  recovery have against a infant in which he vouch and lose be not erroneous  contrary upon default and if a infant tenant in tail suffer a recovery it be  discontinuance for in such recovery infancy be not respect and in a to know  facias upon a judgement have against the father the heir shall not have his  age and he cite a case out of Leonard er p Bendlowes report Elizabeth tenant  for life the remainder over to a stranger in fee tenant for life be seize by  covin in a praecipe quod To give back against the seize he vouch the tenant  for life who enter into the warranty general and vouch over the common vouchee  it be adjudge that that recovery be u of h for the recovery be not have  against the particular tenant but he be but tenant in law because vouchee and  also the recovery be a good bar to he in the remainder notwithstanding that he  be within age at the time of the recovery and at another time it be argue by  the baron and clark say that he conceive that the entry of he in the remainder  be lawful it have be object that Pelham do not know that the bargainor have  but for life or that any other person have any remainder in the land that be  to no purpose to excuse he for e every purchaser ought at his own peril to  take notice of the estate and charge upon the land which he purchase for the  law presume that none will purchase without advice of counsel and without know  the title of the land and although statute have be make to provide against the  practice of particular tenant yet that be no argument that no other remedy be  before and by Littleton if tenant for life join the mouse upon the mere right  it be a forfeiture and be hold strong that the judgement do not take away the  entry a cause of forfeiture be give before the judgement ass he in the  reversion after judgement and execution may enter see also ass to the same  purpose for where tenant for life be implead he ought to wait upon he in the  reversion and expect instruction from he in defence c and therefore if he make  default or confess the action it be a forfeiture wonder and as to Leonard the  suppose recompense the same do not help the case for this common recovery be  no other but a assurance and recoverors be but assignee and they shall take  advantage of condition by h and a recoveror shall be seize to the use of he  who suffer the recovery if no other use be express and he also hold that when  tenant for life bargain and sell his land by deed enrol although no fee passes  yet it be a forfeiture and that by reason of the enrolment which be matter of  record and he say that if a infant tenant for life be seize the seize die  seize arid afterward the infant die that be in the remainder may enter  gentleman to the same intent if tenant for life c the same be not simple a  forfeiture for he may have a warranty or a release or a confirmation make to  he attornment do not give a right but be only a consent yet if be who have  nothing in the reversion will levy a fine of it to another and afterward the  conusee bring a quid law proclaim against the tenant of the land and he  attorns it be a forfeiture manwood to the same intent this be a new case and I  have not read the case in any book nor see any precedent of it and it be a  great case and a general case and worthy to be argue and I conceive clear that  bear be a direct and express forfeiture at the commonlaw without any aid or  restraint of any statute to make it a forfeiture the dignity of judgement in  the repute of law have be urge which ought to stand in force until they be  reverse by error or attaint and also Littleton have be urge where upon the  statute of west cap he say that before the statute aforesaid if a lease have  be make to one for life the remainder to a stranger and afterward a stranger  by feign action have recover against the tenant for life by default and also  the tenant for life die that he in the remainder have not any remedy but there  Littleton do not report the same as his own opinion but as a opinion conceive  by a remainder upon the say statute and it be in truth but a mere conceit and  as to the main point he take this diversity such recovery in which the title  of the demandant stand indifferent to the court and non constat if it be good  or not be suffer by tenant for life by default or confession without aid  prayer of he in the reversion do not make any forfeiture although the tenant  for life have not deal well with he in the reversion not have pray in aid of  he and in such case if a lease be make for life the remainder over in fee upon  such a recovery he in the remainder shall have a formedon in the remainder or  a writ of right and shall not oust he who recover without action and that by  the commonlaw then come the statute of west cap which give to the wife who in  vita upon a recovery against the husband by default whereas before she Leonard  have not any recovery but a writ of right and notwithstanding her former  recovery beyond necessary to have to stretch out law suum secundum form short  catalog quod prius impetravera and if his right Leonard er p be not better  than the right of he in the reversion he shall lose the land notwithstanding  the judgement give before for he and that statute give resceit or entry ad  boundary who praeteriit and that statute be to be intend of such recovery  where a good or at least a indifferent title be so as non constat curiae if it  be good or not  after that tenant for life be drive to a near shift and will  not make default or lose by nient dedire but will plead but yet faint for the  remedy of which mischief the statute of r be make which give resceit in such  case the particular tenant be restrain by that statute he juggle yet and  practice to suffer a recover secret without notice of he in the reversion to  remedy which mischief the statute of h be make and that make such recovery  have against such particular tenant void against he in the reversion it have  be object that the statute of h do not give any forfeiture in that case but  make that the recovery be void therefore he in the reversion ought to tarry  till after the death of the particular tenant to that I shall speak after but  how our case be a common recovery and constat curiae that the demandant have  not any right for the tenant may have bar he and in truth he who recover be  but a purchaser also this recovery be not to the use of the recoverer but to  the use of he who be tenant in it and not paramount as in the case of a  recovery upon a good title a lease for year make by he who after suffer a  recovery be good and shall not be defeat by the recoveree otherwise it be  where the recovery be upon a good title vide statute of Gloucest cap where  upon default of the tenant resceipt be give for lessee for year yet if the  tenant vouch upon default of the vouchee the lessee for year shall be receive  and now resceipt of lessee for year be out of the book for by the statute of h  he may falsify but no resceipt lie in the case of a common recovery for he who  recover can oust the termor as to that which my brother clark have say that  the bargain and sale in this case be not any forfeiture but when the deed of  bargain and sale be enrol it be a forfeiture I be not of that opinion for  although that the enrolment be of record yet the deed be not of record for  against the deed enrol a man may pleadinfancy although none can plead non be  factum to it also he hold that although by the bargain and sale and the  enrolment of it the bargainee have not fee for by such act the reversion be  not remove yet by the recovery and the execution of it the bargainee have gain  the fee out of the lessor for the recovery Leonard be to the use of the  bargainee against who it be have c it have be object that he be only a voucher  which peradventure be lawful in this case by reason of the warranty paramount  or of a release or confirmation with warranty and two case have be vouch to  such purpose videlicet e tenant for life be implead in a praecipe vouch a  stranger the demandant counterpleaded the voucher which be find for he be in  the reversion have no remedy but by a writ of right so if the vouchee have  enter and lose c as to that case we ought to consider that every book report  in our law be not law but let we observe of what authority the case be true it  be the conceit of the reporter himself for he put the case and resolve it but  there be no judge or sergeant name in the case c the other case be e note by  Hendon clear if my tenant for life vouch a stranger who enter into the  warranty general and do not know how to bar the demandant the tenant shall  recover in value and the reversion of he who have in value shall be to I in  lieu of my former reversion as release to tenant for life shall enure to he in  the reversion but that be but the opinion of one sergeant c but I answer to  these book if the demandant in such recovery have a good title so as the  tenant or the voucher as Hendon say know not how to bar the demandant there  such a voucher of a stranger be nor a forfeiture nor such recovery suffer  thereupon for against his will and volens not he suffer it but if the tenant  have good matter to bar the demandant and no good cause of voucher that the  vouch of a stranger or suffer of a recovery be a forfeiture of his estate and  here inour case the defendant have not any title the tenant or vouchee have  not any warranty or cause of voucher but the tenant may have bar the demandant  if he please and he say that the voucher only do not make the forfeiture but  much rather the recovery for when judgement be give and execution have then be  the fee pluck out of he in the reversion r if tenant for life claim a fee it  be a forfeiture but here Pelham have do more for he have gain fee by the  judgement Leonard er p therefore a strong it shall be a forfeiture but let we  a little see what meddlings or attempt by the particular tenant be cause of a  forfeiture and what not ass where a bring a entry against tenant for life by  collusion to oust b of big reversion suppose that the tenant for life hold of  his lease the tenant confess the action upon which judgement be give b enter  and his entry adjudge lawful for that recovery be adjudge in law but a  alienation to the disinherisin of he in the reversion and here it appear that  such recovery by covin be but a alienation and without any strength of a  recovery and he cite many other case cite Leonard before by Altham e Resceit  where tenant for life plead in chief or pray in aid of a stranger where be may  bar the demandant and will not it be a forfeiture and also e e where tenant  for life in a quid law proclaim attorns unto the conusee upon a fine levy by  he who have not any thing in the land the same be a forfeiture and yet that  attornment do not divert the reversion out of the lessor e land be when by  fine in tail the remainder over to a stranger in fee the donee take a wife and  die without issue the wife accept dower assign by a stranger he in the  remainder bring a to know facias against the wife that she be tenant in dower  of the assignment of a stranger and plead to the title the demandant recover  she have lose her dower for she have not plead dutiful as she ought be a  particular tenant Temps h tenant for life lose big land in a recovery against  he against his will and thereupon bring quod ei deforceat and declare upon a  estate tail and recover the same be a forfeiture because he have challenge a  high estate c h tenant for life join the wife upon the mere right h lessee for  year be oust bring a assize and recover I h accept a fine of a stranger sur  conusans c come Ceo and ill ad de son do all these be forfeiture in our  principal case here the tenant who suffer the recovery do not plead at all to  defend the right but where be may have bar the demandant he give strength to  his pretend title and make it a perfect title and by suffer the recovery and  judgement to pass have take away the reversion out of the lessor to who he owe  fealty and therefore it be a forfeiture and without doubt it be apparent to  the court that the demandant in this recovery have not any title for the  recoverer in such case be but assignee and purchaser which appear by the  statute of h cap which give distress and avowry to recoverer c as to the  invent of recovery it be a necessary device for it be to take away estate tail  which be the cause of grand mischief and inconvenience in this realm and it be  great reason for tenant in tail may by the commonlaw alien his land post  offspring encourage and then he have a inheritance and may commit waste but he  be so restrain by the statute of Westminster all the realm and the subject of  it be inveigle thereby jointure of wife lease of farmer mortgage to creditor  statute and other assurance defeat by their death which be against the  commonlaw and all conscience these matter bend to the knowledge of the justice  and the mischief thereupon ensue very frequent and that tenant in tail be  become a perilous fellow and there be no safe deal with he then they take into  consideration that several warranties Leonard and asset and collateral  warranty without asset for that in it self employ asset do bar he sure the  entail upon that consideration they ground the practice and usage of common  recovery so that by that mean tenant in tail have power to make strange as he  have at the commonlaw because his authority be restore to he and injury do to  no man but as to tenant for life be never have power to make strange and as to  that which have be say that the recovery shall stand in force till after the  death of the tenant for life and in our case here tenant in tail be live  certain if the law shall be such great mischief will follow for then great  joyntresses the widow of great person have allow unto they great and sumptuous  house and land furnish with timber of great value may suffer such recovery and  so have pluck the fee out of the heir may commit waste and the same shall be  dispunishable c which shall be a intolerable mischief and so he conclude that  this suffer of a recovery be a forfeiture and judgement be give accord Leon  its not forfeit Leon Inst b more r Leonard er p