Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/361

 Ch. 21. under legal diabilitles; who are not bound by any judgments or decrees of the ordinary courts of jutice. In thee, or other caes of the like kind, the trancendent power of parliament is called in, to cut the Gordian knot; and by a particular law, enacted for this very purpoe, to unfetter an etate; to give it's tenant reaonable powers; or to aure it to a purchaor, againt the remote or latent claims of infants or diabled perons, by ettling a proper equivalent in proportion to the interet o barred. This practice was carried to a great length in the year ucceeding the retoration; by etting aide many conveyances alleged to have been made by contraint, or in order to creen the etates from being forfeited during the uurpation. And at lat it proceeded o far, that, as the noble hitorian exprees it, every man had raied an equity in his own imagination, that he thought ought to prevail againt any decent, tetament, or act of law, and to find relief in parliament: which occaioned the king at the cloe of the eion to remark , that the good old rules of law are the bet ecurity; and to wih, that men might not have too much caue to fear, that the ettlements which they make of their etates hall be too eaily unettled when they are dead, by the power of parliament.

of this kind are however at preent carried on, in both houes, with great deliberation and caution; particularly in the houe of lords they are uually referred to two judges, to examine and report the facts alleged, and to ettle all technical forms. Nothing alo is done without the conent, exprely given, of all parties in being and capable of conent, that have the remotet interet in the matter; unles uch conent hall appear to be perverely and without any reaon withheld. And, as was before hinted, an equivalent in money or other etate is uually ettled upon infants, or perfons not in ee, or not of capacity to act for themelves, who are to be concluded by this act. And a general aving is contantly added, at the cloe of the bill, of the right and interet of all perons whatoever; except thoe whoe Rh