Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/371

 Ch. 21. were exprely declared not to be by the tatute de donis) the tatute 32 Hen. VIII. c. 36. was thereupon made; which removes all difficulties, by declaring that a fine levied by any peron of full age, to whom or to whoe ancetors lands have been entailed, hall be a perpetual bar to them and their heirs claiming by force of uch entail: unles the fine be levied by a woman after the death of her huband, of lands which were, by the gift of him or his ancetor, aigned to her in tail for her jointure ; or unles it be of lands entailed by act of parliament or letters patent, and whereof the reverion belongs to the crown.

this view of the common law, regulated by thee tatutes, it appears, that a fine is a olemn conveyance on record from the cognizor to the cognizee, and that the perons bound by a fine are parties, privies, and trangers.

parties are either the cognizors, or cognizees; and thee are immediately concluded by the fine, and barred of any latent right they might have, even though under the legal impediment of coverture. And indeed, as this is almot the only act that a feme-covert, or married woman, is permitted by law to do, (and that becaue he is privately examined as to her voluntary conent, which removes the general upicion of compulion by her huband) it is therefore the uual and almot the only afe method, whereby he can join in the ale, ettlement, or incumbrance, of any etate.

to a fine are uch as are any way related to the parties who levy the fine, and claim under them by any right of blood, or other right of repreentation. Such as are the heirs general of the cognizor, the iue in tail ince the tatute of Henry the eighth, the vendee, the deviee, and all others who mut make title by the perons who levied the fine. For the act of the ancetor hall bind the heir, and the act of the principal his ub- Rh