Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/370

 354 antient common law, with repect to this point, is very forcibly declared by the tatute 18 Edw. I. in thee words. "And the reaon, why uch olemnity is required in the paing of a fine, is this; becaue the fine is o high a bar, and of o great force, and of a nature o powerful in itelf, that it precludes not only thoe which are parties and privies to the fine, and their heirs, but all other perons in the world, who are of full age, out of prion, of found memory, and within the four eas the day of the fine levied; unles they put in their claim within a year and a day." But this doctrine, of barring the right by non-claim, was abolihed for a time by a tatute made in 34 Edw I. c. 16. which admitted perons to claim, and falify a fine, at any indefinite ditance : whereby, as ir Edward Coke oberves, great contention aroe, and few men were ure of their poeions, till the parliament held 4 Hen. VII. reformed that michief, and excellently moderated between the latitude given by the tatute and the rigour of the common law. For the tatute, then made, retored the doctrine of non-claim; but extended the time of claim. So that now, by that tatute, the right of all trangers whatoever is bound, unles they make claim, not within one year and a day, as by the common law, but within five years after proclamations made: except feme-coverts, infants, prioners, perons beyond the eas, and uch as are not of whole mind; who have five years allowed to them and their heirs, after the death of their hubands, their attaining full age, recovering their liberty, returning into England, or being retored to their right mind.

eems to have been the intention of that politic prince, king Henry VII, to have covertly by this tatute extended fines to have been a bar of etates-tail, in order to unfetter the more eaily the etates of his powerful nobility, and lay them more open to alienations; being well aware that power will always accompany property. But doubts having arien whether they could, by mere implication, be adjudged a ufficient bar, (which they Rh