was formerly given, yet still it may be supposed
that inconveniences would frequently arise, either from the loss
of the charter itself, or from the difficulty of proving it after
a lapse of years.
"These circumstances probably induced men to
look out for some other species of assurance which should be more
solemn, more lasting, and more easy to' be proved than a charter
of feoffment.
"Experience must soon have discovered that no
title could be so secure and notorious as, that which had been
questioned by an adverse party, and ratified by the determination
of a court of justice; and the ingenuity of mankind soon found out
the method of drawing the same advantages from a fictitious
process. "To effect this purpose, the following plan was
adopted; a suit was commenced concerning the lands intended to be
conveyed, and when the writ was sued out, and the parties appeared
in court, a composition of the suit was entered into, with the
consent of the judges, whereby the lands in question were
acknowledged to be the right
of one of the contending parties.1
"This agreement, being reduced into writing, was
enrolled among the records of the Court, where it was preserved by
the public officer, by which means it was not so liable to be lost
or defaced as a Charter of Feoffment, and would at all times prove
itself; and, being substituted in place of the sentence which
would have been given in case the suit had not been compounded, it
was to be held of equal force with the judgment of a court of
justice."
Such is the perspicuous account which Cruise has
given of the nature and origin of the legal process of
"levying a fine," as cited by Mr. Hunter in his learned
preface to the "Pedes Finium" edited by him under the
direction of the Commissioners of the Public Records.
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