Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/367

 Ch. 21. is levied the cognizee. This acknowlegement mut be made either openly in the court of common pleas, or before one of the judges of that court, or ele before commiioners in the country, empowered by a pecial authority called a writ of dedimus potetatem; which judges and commiioners are bound by tatute 18 Edw. I. t. 4. to take care that the cognizors be of full age, found memory, and out of prion. If there be any feme-covert among the cognizors, he is privately examined whether he does it willingly and freely, or by compulion of her huband.

thee acts all the eential parts of a fine are completed; and, if the cognizor dies the next moment after the fine is acknowleged, provided it be ubequent to the day on which the writ is made returnable, till the fine hall be carried on in all it's remaining parts: of which the next is

4. note of the fine : which is only an abtract of the writ of covenant, and the concord; naming the parties, the parcels of land, and the agreement. This mut be enrolled of record in the proper office, by direction of the tatute 5 Hen. IV. c. 14.

5. fifth part is the foot of the fine, or concluion of it: which includes the whole matter, reciting the parties, day, year, and place, and before whom it was acknowleged or levied. Of this there are indentures made, or engroed, at the chirographer's office, and delivered to the cognizor and the cognizee; uually beginning thus, "haec et finalis concordia, this is the final agreement," and then reciting the whole proceeding at length. And thus the fine is completely levied at common law.

everal tatutes till more olemnities are uperadded, in order to render the fine more univerally public, and les liable to be levied by fraud or covin. And, firt, by 27 Edw. I. c. 1. the Rh