coke and HUNGATES case in cam Stell mich I I James if a infant be permit to  levy a fine and such fine be not reverse during his minority it will for ever  afterward stand good SC roll Rep in this very term a great case be hear and  determine in the starchamber between sir Henry day who die pendent the bill  and whether his wife and Nicholas Bedingfield Esq and Elizabeth his wife  plaintiff and whether Hungate widow sir Robert wind Henry Branthwaite Esq  Thomas townsend Esq Thomas blomfield gentle and George Min gentle defendant  and the case in effect be that Henry Hoogan Esq be seize of the manor of  Hamonds and of diverse land in east Bradenham c in the county of Norfolk in  fee by deed make a feoff of they to the use of the say whether who take  Hungate to husband and she have issue by he a son and a daughter and he die  and whether obtain a grant of the wardship of the son and after when the son  be of the age of one and twenty year save six week by dedimuspolestatem direct  to sir Robert wind Henry Branthwaite then feodary and Thomas townsend they  take cognizance of a fine of the say son be then of the age aforesaid and sick  and the bill charge they all with practice in procure the say son to  acknowledge the fine they all know that the say son be within age and in ware  of the king in custody of the say whether but there be not any practice or  circumvention use by any of the defendant to procure the say son to  acknowledge the same but the son of his own good will levy it and by indenture  the use be limit to his mother the say whether and her heir with power of  revocation by the son upon tender of ten shilling c and this be in  consideration that the mother have pay the debt of his father to a very great  value and have coke report er p obtain the wardship of he and that her  jointure shall be confirm and that his mother if she please may give it to his  brother which she have by Hungate who be of halfblood and it appear that the  mother know the son to be within age but the commissioner for any thing that  be prove be ignorant of it nor do they send for the book of the church in  which his age appear be in the same parish and the counsel for the plaintiff  pray that the defendant shall be punish for their misdemeanour and that the  say woman be plaintiff who be cousin c and heir to the say son of the entire  blood who shall be disinherit by the say fine to which it be resolve by the  two chief justice and the chief Aaron that there be not any crime punishable  by the law in this case for the judge of law and of this court may punish such  offence and crime as be determinable in this court but the judge can create  offence nor do as Hannibal do to make his way over the Alps when he can find  none for to fine be law et where non be law nec be transgression and for this  when the infant levy the fine if it be not reverse during his minority the  fine be unavoidable in law and the heir of the infant have not any remedy by  the law to reverse it the cause be for this that the age of the infant be not  to be try but by inspection of his person non neutr  testimony non a swearer  veredicto send judge inspection only but the judge as by adjuncula may inform  themselves by witness coke churchbooks c and the reason of it be that the fine  shall otherwise as well lose its effect as its name for diciturfinis ab  execution because that which divides lawsuit to place upon and if infancy  shall be try otherwise than by inspection no man shall be sure of his  inheritance for after the death of the conisor averment may be make many year  after that the cognisor be within age at the time of the fine and so many  record avoid by naked averment which shall be against law and the cause of  great vexation and suit and f n b fol if a infant levy a fine he shall have a  writ of error during his nonage and assign it for error and this be error of  the court in law and shall be try by the judge of law a and for this it be  resolve by the say justice that forasmuch as no corruption and circumvention  be prove in the commissioner or in any of the party of which they may be  indict at the suit of the king or punish in this court the fine shall stand  and it be not apparent to the commissioner that he be within age forasmuch as  he want but six week of his full age but if the commissioner have knowledge  that he be within age then this have be a misdemeanour in they for it be say  that fine and recovery be like to the pole Arctic and Antarctic for upon those  assurance of life depend for which by naked averment they can be shake or  impeach b for which diverse notable precedent have be concern the matter in  question in this court and for this in this court mich and Elizabeth case  between William Cavendish and whether his wife one of the coheir of Henry  knightly against Robert Worsley and Catharine lantar coheir and Trafford and  other defendant and the case be that Robert Worsley and Catharine his wife be  within age acknowledge a note of a fine before Trafford and another of the  defendant by dedimus power and the decree say that the commissioner do perfect  know that the say Catharine be within age and for this cause every one of they  be fine but the fine stand mich and Elizabeth in this court one Alexander  Gilderbrand be seize of certain land in Windham in come Noif in fee one  Hubbard procure one Roger who be in his custody in his house to take upon he  the name of Alexander Gilderbrand who be then beyond the sea to acknowledge a  fine to the say Hubbard of the say land and they be fine in this court and it  be part of the sentence that if he do not reassure the land to the say  Alexander he shall forfeit a great a Vid note m beckwith case   a note I mary  Portingtons case   a b in vin ab fine e b pl cite Br fine pl it be say  collusion may be aver contrary to a fine coke report er p fine to the queen  but there be no sentence to draw the fine off from the file nor damage award  to the say Alexander who be the party grieve