Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/368

 352 note of the fine hall be openly read in the court of common pleas, at two everal days in one week, and during uch reading, all pleas hall ceae. By 5 Hen. IV. c. 14. and 23 Eliz. c. 3. all the proceedings on fines either at the time of acknowlegement, or previous, or ubequent thereto, hall be enrolled of record in the common court of pleas. By 1 Ric. III. c. 7. confirmed and enforced by 4 Hen. VII. c. 24. the fine, after engroment, hall be openly read and proclaimed in court ixteen times; viz. four times in the term in which it is made, and four times in each of the three ucceeding terms; during which time all pleas hall ceae: but this is reduced to once in each term by 31 Eliz. c. 2. and thee proclamations are endored on the back of the record. It is alo enacted by 23 Eliz. c. 3. that the chirographer of fines hall every term write out a table of the fines levied in each county in that term, and hall affix them in ome open part of the court of common pleas all the next term: and hall alo deliver the contents of uch table to the heriff of every county, who hall at the next aies fix the ame in ome open place in the court, for the more public notoriety of the fine.

2., thus levied, are of four kinds, 1. What in our law French is called a fine "ur cognizance de droit, com ceo que il ad de on done;" or, a fine upon acknowlegement of the right of the cognizee, as that which he hath of the gift of the cognizor. This is the bet and uret kind of fine; for thereby the deforciant, in order to keep his covenant with the plaintiff, of conveying to him the lands in quetion, and at the ame time to avoid the formality of an annual feoffment and livery, acknowleges in court a former feoffment, or gift in poeion, to have been made by him to the plaintiff. This fine is therefore aid to be a feoffment of record; the livery thus acknowleged in court, being equivalent to an actual livery: o that this aurance is rather a confeion of a former conveyance, than a conveyance now originally made; for the deforciant, or cognizor, acknowleges, Rh