under legal diſabilitles; who are not bound by any judgments or decrees of the ordinary courts of juſtice. In theſe, or other caſes of the like kind, the tranſcendent power of parliament is called in, to cut the Gordian knot; and by a particular law, enacted for this very purpoſe, to unfetter an eſtate; to give it's tenant reaſonable powers; or to aſſure it to a purchaſor, againſt the remote or latent claims of infants or diſabled perſons, by ſettling a proper equivalent in proportion to the intereſt ſo barred. This practice was carried to a great length in the year ſucceeding the reſtoration; by ſetting aſide many conveyances alleged to have been made by conſtraint, or in order to ſcreen the eſtates from being forfeited during the uſurpation. And at laſt it proceeded ſo far, that, as the noble hiſtorian expreſſes it[1], every man had raiſed an equity in his own imagination, that he thought ought to prevail againſt any deſcent, teſtament, or act of law, and to find relief in parliament: which occaſioned the king at the cloſe of the ſeſſion to remark[2], that the good old rules of law are the beſt ſecurity; and to wiſh, that men might not have too much cauſe to fear, that the ſettlements which they make of their eſtates ſhall be too eaſily unſettled when they are dead, by the power of parliament.
Acts of this kind are however at preſent carried on, in both houſes, with great deliberation and caution; particularly in the houſe of lords they are uſually referred to two judges, to examine and report the facts alleged, and to ſettle all technical forms. Nothing alſo is done without the conſent, expreſſly given, of all parties in being and capable of conſent, that have the remoteſt intereſt in the matter; unleſs ſuch conſent ſhall appear to be perverſely and without any reaſon withheld. And, as was before hinted, an equivalent in money or other eſtate is uſually ſettled upon infants, or perfons not in eſſe, or not of capacity to act for themſelves, who are to be concluded by this act. And a general ſaving is conſtantly added, at the cloſe of the bill, of the right and intereſt of all perſons whatſoever; except thoſe whoſe
