case barrow against parrot if a infant feme covert with intent to levy a fine  to the use of herself and husband declare herself of age when examine by  commissioner under a dedimus power when in fact she be great under age yet the  fine can be set aside although there be strong ground that the examination be  collusive S C vent ante post lev Mod Mod Mod Abr Eq fitzg Cas tem Talb salk  Peer wms ld ray Cowp term Rep parrot have marry one Judith barrow a heiress  sir Herbert parrot his father modern er p and a ignorant carpenter by virtue  of a dedimus power to they direct take the conusance of a fine of the say  Judith be under age and by indenture the use be limit to Mr parrot and his  wife for their two life the remainder to the heir of the survivor about two  year after the wife die without issue and barrow as heir to her pray the  relief of the court upon examination it appear that sir Herbert do examine the  woman whether she be Willing to levy the fine and ask the husband and her  whether she be of age or not both answer that she be she afterward be private  examine touch her consent answer as before and that she have no constraint  upon her by her husband but she be not there question concern her age sir  Herbert parrot be not examine in court upon oath because he be accuse north  chief justice say this court can no more administer a oath ex duty than the  spiritual court can north and Wyndham there be a great trust repose in the  commissioner modern and they be to inform themselves of the party age and a  voluntary ignorance will not excuse they but atkins justice oppose his be fine  he cite Hungats case a   a where a fine by dedimus be take of a infant and  because it be not apparent to the commissioner that the infant be within age  they be in that court acquit but north chief justice Wyndham and Scroggs  justice agree that the son shall be fine for that he can not possible be  presume to be ignorant of his wife age Atkins contra but they all agree that  there be no way to set the fine aside trinity term the twentyninth of Charles  the second in the common plea Friday June sir Francis north Knt chief justice  sir Robert Atkins Knt sir Hugh Wyndham Knt sir William Scroggs Knt justice sir  William Jones Knt attorneygeneral sir Francis winnington Knt solicitor general