Co. Read.18.

14. This rule gave rise to a great number of suits 2 Inst. 522. by the maintenance of the nobility and great barons during the insurrections and civil wars which happened in the reign of Hen. III. Averments that there was no transmutation of possession were fre quently made against fines; and were usually allowed in the two following cases. First, where a person seised in fee levied a fine to a stranger, sur cognizance de droit come ceo, &c. and the cognizee granted and rendered back the same lands to the cognizor in tail, or for years and secondly, where a tenant in tail accepted a fine from a person who had nothing in the lands. In these cases the heirs of the cognizor who were prejudiced by such fine, were allowed to avoid them by an averment, that there was no transmutation of possession.

15. To remedy this inconvenience, a statute was made in 27 Edw. I. called the statute De finibus levatis, enacting that such averments should not thenceforth be admitted.

16. This statute also directed, that the note of every fine should be read in the Court of Common Pleas on two certain days in the week; and that during such reading, all pleas should cease.

17. It has been stated, that by the statute De modo levandi fines, all those who had any right to lands, whereof a fine was levied, were obliged to make their claim within a year and a day after the fine was passed; unless they laboured under some one of the disabili ties specified in that act. And it was determined, that in the case of a tenant for life, remainder for life, remainder in fee, if the first tenant for life had aliened his estate, and the alienee had levied a fine, the remainder-man for life might enter, and avoid the

fine, both as to himself, and as to the remainder-man in fee: but if the person next in remainder neglected to enter within the year and day, not only he, but also the remainder-man in fee, were for ever barred; and a claim by the remainder-man, within the year and day, would not have saved his right; by which means the estates of remainder-men and reversioners were frequently barred, by the neglect of the particular

tenants.

18. This was certainly a very great grievance, and was so severely felt, that to remedy it the statute of nonclaim, 34 Edw. III. c. 16. was passed; enacting, "that the plea of nonclaim of fines, which from thenceforth should be levied, should not be taken nor holden for any bar in time to come."

19. This statute was made in consequence of a petition from the Commons, which is published in the Rolls of Parliament, 17 Edw. III. No. 26.-Item que Vol. 2. 142. noncleyme des fines levees sur le rendre en temps a venir ne barre nul home de sa action. To which the King answered-It plest au Roi q'desore cest chose soit fait, et q'estatut ent soit fait p'avis des grantz et autres de son conseil.

20. The efficacy of fines was entirely destroyed by this statute; and strangers were thereby allowed to claim lands at any indefinite period of time, after a fine had been levied of them; which must have been productive of very great inconveniences.

21. The statute of nonclaim is still in force with respect to fines that are levied without proclamations. And although such fines are no bar to the issue in tail, yet when levied by a tenant in tail in possession, they operate as a discontinuance, and of course put the remainder-men or reversioner to their formeVOL. V.

N

Tit. 2.c.2.06.

Tit. 31. c. 2. don; which now, by the statute 21 Ja. I. c. 16. $11. must be brought within twenty years after the right accrues, unless the person who has the right labours under any of the disabilities specified in that

statute.

TITLE XXXV.

FINE.

CHAP. IX.

Effect of Fines by the Statutes 1 Rich. III. 4 Hen. VII. and 32 Hen. VIII. in barring Estates Tail.

T has been a constant remark of those who have

IT

had occasion to trace the history of our English jurisprudence, that whenever a material alteration has been made in the common law, the inconveniences arising from such change have been much greater than those which were intended to be remedied.

1 Rich. III.

2. This observation was perhaps more fully exem- of the plified by the consequences which attended the statute Statute of non-claim, than by any other innovation which has been attempted in the common law. On this subject it is difficult to add any thing to Lord Coke's

2 Inst. 518. expression-" Great contentions arose, and few men were sure of their possessions." And it is astonishing that the legislature should suffer a grievance which must have been so universally felt, to continue so long; for the common law respecting non-claim was not revived till the first year of the reign of Rich. III., who seems to have endeavoured to palliate his cruelties, and the usurpation of the Crown, by the many excellent laws which he immediately enacted; one of those was the stat. 1 Rich. III. c. 7., by which the common law was restored, and the doctrine of non-claim revived.

Of the Statute

3. This act was soon followed by the stat. 4 Hen. 4 Hen. VII. VII.,; and as in this last law all the clauses in 1 Rich. III. are copied almost verbatim, and some additional matters are subjoined, the statute 1 Rich. III. is now become obsolete; and the effect of fines depends almost entirely, at this day, on the stat. 4 Hen. VII., for which reason it will be necessary to examine it at large.

c. 2. § 78.

4. This act, after reciting the last clause in the statute De finibus levatis, proceeds thus:-" The King our Sovereign Lord considereth that fines ought to be of the greatest strength, to avoid strifes and debates, and to be a final end and conclusion; and of such effect were taken, afore a statute made of non-claim, and now is used to the contrary, to the universal trouble of the King's subjects; will therefore it be ordained, &c."

The first section, which directs the proclamations to be made, has been already stated.

5. The second section of the act is in these words: "And the said proclamations so had and made, the said fine to be a final end, and conclude as well privies as strangers to the same; except women covert, other