is levied the cognizee. This acknowlegement muſt be made either openly in the court of common pleas, or before one of the judges of that court, or elſe before commiſſioners in the country, empowered by a ſpecial authority called a writ of dedimus poteſtatem; which judges and commiſſioners are bound by ſtatute 18 Edw. I. ſt. 4. to take care that the cognizors be of full age, found memory, and out of priſon. If there be any feme-covert among the cognizors, ſhe is privately examined whether ſhe does it willingly and freely, or by compulſion of her huſband.
By theſe acts all the eſſential parts of a fine are completed; and, if the cognizor dies the next moment after the fine is acknowleged, provided it be ſubſequent to the day on which the writ is made returnable[1], ſtill the fine ſhall be carried on in all it's remaining parts: of which the next is
4. The note of the fine[2]: which is only an abſtract of the writ of covenant, and the concord; naming the parties, the parcels of land, and the agreement. This muſt be enrolled of record in the proper office, by direction of the ſtatute 5 Hen. IV. c. 14.
5. The fifth part is the foot of the fine, or concluſion of it: which includes the whole matter, reciting the parties, day, year, and place, and before whom it was acknowleged or levied[3]. Of this there are indentures made, or engroſſed, at the chirographer's office, and delivered to the cognizor and the cognizee; uſually beginning thus, "haec eſt finalis concordia, this is the final agreement," and then reciting the whole proceeding at length. And thus the fine is completely levied at common law.
By ſeveral ſtatutes ſtill more ſolemnities are ſuperadded, in order to render the fine more univerſally public, and leſs liable to be levied by fraud or covin. And, firſt, by 27 Edw. I. c. 1. the
