FINE  , a word which in all its senses goes back to the See also:

• LAT

Lat. finire, to bring to an end (finis) . Thus in the See also:

• COMMON

common adjectival meanings of elegant, thin, subtle, excellent, reduced in See also:

• SIZE

size, &c., it is in origin See also:

• EQUIVALENT

equivalent to " finished." In the various substantival meanings in See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, with which this See also:

• ARTICLE (from Lat. articulus, a joint)

article deals, the common See also:

• IDEA (Gr. Ibia, connected with i&eiv, to see; cf. Lat. species from specere, to look at)

idea underlying them is an end or final See also:

• SETTLEMENT
• SETTLEMENT, ACT OF

settlement of a See also:

• MATTER

matter . A fine, in the See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary sense, is a pecuniary See also:

• PENALTY (Lat. poena, punishment)

penalty inflicted for the less serious offences . Fines are necessarily discretionary as to amount; but a maximum is generally fixed when the penalty is imposed by See also:

• STATUTE

statute . And it is an old constitutional See also:

• MAXIM, SIR HIRAM STEVENS (184o- )

maxim that fines must not be unreasonable . In Magna Carta, c . 111, it is ordained " See also:

• LIBER

Liber homo non amercietur See also:

• PRO

pro parvo delicto nisi secundum modum ipsius delicti, et pro magoo delicto secundum magnitudinem delicti." The See also:

• TERM

term is also applied to payments made to the See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

lord of a See also:

• MANOR

manor on the See also:

• ALIENATION (from Lat. alienus, belonging to another)

alienation of See also:

• LAND

land held according to the See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom of the manor, to payments made by a lessee on a renewal of a See also:

• LEASE (derived through the Fr. from the Lat. laxare, to loosen)

lease, and to other similar payments . Fine also denotes a fictitious suit at law, which played the See also:

• PART

part of a See also:

• CONVEYANCE

conveyance of landed See also:

• PROPERTY

property . " A fine," says See also:

• BLACKSTONE, SIR WILLIAM (1723-1780)

Blackstone, " may be described to be an amicable See also:

• COMPOSITION
• COMPOSITION (Lat. compositio, from componere, to put together)

composition or agreement of a suit, either actual or fictitious, by leave of the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king or his justices, whereby the lands in question become or are acknowledged to be the right of one of the parties . In its See also:

• ORIGINAL

original it was founded on an actual suit commenced at law for the recovery of the See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession of land or other hereditaments; and the possession thus gained by such composition was found to be so sure and effectual that fictitious actions were and continue to be every See also:

• DAY (O. Eng. dreg, Ger. Tag; according to the New English Dictionary, " in no way related to the Lat. dies")
• DAY, JOHN (1574-1640?)
• DAY, THOMAS (1748-1789)

day commenced for the See also:

• SAKE

sake of obtaining the same See also:

• SECURITY (Lat. securus, free from care, safe)

security." See also:

• FREEHOLD

Freehold estates could thus be transferred from one See also:

• PERSON, OFFENCES AGAINST THE

person to another without the formal delivery of possession which was generally necessary to a See also:

• FEOFFMENT

feoffment . This is one of the See also:

• OLDEST

oldest devices of the law . A statute of 18 See also:

• EDWARD

Edward I. describes it as the most See also:

• SOLEMN (Lat. sollemnis, sollemnis, less correctly solennis, yearly, annual; from sollus = totus, whole, entire, Gr. Mos., and annus, year)

solemn and satisfactory of securities, and gives a See also:

• REASON (Lat. ratio, through French raison)

reason for its name—" Qui quidem finis sic vocatur, eo quod finis et consummatio omnium placitorum esse debet, et hac de causa providebatur." The See also:

• ACTION

action was supposed to be founded on a See also:

• BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of See also:

• COVENANT
• COVENANT (an O. Fr. form, later convenant, from convenir, to agree, Lat. convenire)

covenant: the See also:

• DEFENDANT

defendant, owning himself in the wrong,' makes overtures of See also:

• COMPROMISE (pronounced compromize; through Fr. from Lat. compromittere)

compromise, which are authorized by the licentia concordandi; then followed the See also:

• CONCORD
• CONCORD, BOOK OF (Liber Concordiae)

concord, or the compromise itself .

These, then were the essential parts of the performance, which became efficient as soon as they were See also:

• COMPLETE

complete; the formal parts were the notes, or abstract of the proceedings, and the See also:

• FOOT

foot of the fine, which recited the final agreement . Fines were said to be of four kinds, according to the purpose they had in view, as, for instance, to convey lands in pursuance of a covenant, to See also:

• GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
• GRANT, ANNE (1755-1838)
• GRANT, CHARLES (1746-1823)
• GRANT, GEORGE MONRO (1835–1902)
• GRANT, JAMES (1822–1887)
• GRANT, JAMES AUGUSTUS (1827–1892)
• GRANT, ROBERT (1814-1892)
• GRANT, SIR ALEXANDER
• GRANT, SIR FRANCIS (1803-1878)
• GRANT, SIR JAMES HOPE (1808–1895)
• GRANT, SIR PATRICK (1804-1895)
• GRANT, U
• GRANT, ULYSSES SIMPSON (1822-1885)

grant revisionary See also:

• INTEREST

interest only, &c . In addition to the formal See also:

• RECORD (Lat. recordari, to recall to mind, from cor, heart or mind)

record of the proceedings, various statutes required other solemnities to be observed, the See also:

• GREAT

great See also:

• OBJECT

object of which was to give publicity to the transaction . Thus by statutes of See also:

• RICHARD
• RICHARD (d. 1184)
• RICHARD, FRANCOIS MARIE BENJAMIN (18,9-1908)
• RICHARD, HENRY (1812-1888)
• RICHARD, ST

Richard III. and See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry VII. the fine had to be openly read and proclaimed in See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court no less than sixteen times . A statute of See also:

• ELIZABETH
• ELIZABETH (1533-1603)
• ELIZABETH (1596-1662)
• ELIZABETH (1635–1650)
• ELIZABETH [ AMELIE EUGENIE ] (1837—1898)
• ELIZABETH [1lisabeth Philippine Marie Helene of France] (1764—1794)
• ELIZABETH [PAULINE ELIZABETH OTTILIE LOUISE] (1843– )
• ELIZABETH [PETROVNA] (1709-1762), EMPRESS
• ELIZABETH, SAINT (1207-1231)

Elizabeth required a See also:

• LIST (O.E. lisle, a Teutonic word, cf. Dut. lust, Ger. Leiste, adapted in Ital. lista and Fr. lisle)
• LIST, FRIEDRICH (1789-1846)

list of fines to be exposed in the court of common pleas and at assizes . The reason for these formalities was the high and important nature of the conveyance, which, according to the See also:

• ACT (Lat. actus, actum)

act of Edward I. above mentioned, " precludes not only those which are parties and privies to the ' Hence called cognizor; the other party, the purchaser, is the cognizee.fine and their heirs, but all other persons in the See also:

• WORLD

world who are of full See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

age, out of See also:

• PRISON (derived through the Fr. from the Lat. prehensio, seizure)

prison, of See also:

• SOUND
• SOUND, THE (Danish Oresund)

sound memory, and within the four seas, the day of the fine levied, unless they put in their claim on the foot of the fine within a See also:

• YEAR

year and a day." This barring by non-claim was abolished in the reign of Edward III., but restored with an See also:

• EXTENSION (Lat. ex, out ; tendere, to stretch)

extension of the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time to five years in the reign of Henry VII . The effect of this statute, intentional according to Blackstone, unintended and brought about by judicial construction according to others, was that a See also:

• TENANT (from Lat. tenere, to hold)

tenant-in-tail could See also:

• BAR
• BAR (0. Fr. barre, Late Lat. barra, origin unknown)
• BAR, CONFEDERATION OF
• BAR, FRANCOIS DE (1538-1606)
• BAR, THE

bar his issue by a fine . A statute of Henry VIII. expressly declares this to be the law . Fines, along with the kindred fiction of recoveries, were abolished by the Fines and Recoveries Act 1833, which substituted a See also:

• DEED (in O. Eng. dead, from the stem of the verb " to do ")

deed enrolled in the court of See also:

• CHANCERY

chancery . Fines are so generally associated in legal phraseology with recoveries that it may not be inconvenient to describe the latter in the See also:

• PRESENT

present See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place . A recovery was employed as a means for evading the strict law of See also:

• ENTAIL (from Fr. tailler, to cut; the old derivation from tales haeredes is now abandoned)

entail . The purchaser or alienee brought an action against the tenant-in-tail, alleging that he had no legal See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title to the land .

The tenant-in-tail brought a third person into court, declaring that he had warranted his title, and praying that he might be ordered to defend the action . This person was called the vouchee, and he, after having appeared to defend the action, takes himself out of the way . See also:

• JUDGMENT

Judgment for the lands is given in favour of the See also:

• PLAINTIFF

plaintiff; and judgment to recover lands of equal value from the vouchee was given to the defendant, the tenant-in-tail . In real action, such lands when recovered would have fallen under the settlement of entail; but in the fictitious recovery the vouchee was a See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man of See also:

• STRAW

straw, and nothing was really recovered from him, while the lands of the tenant-in-tail were effectually conveyed to the successful plaintiff . A recovery differed from a fine, as to See also:

• FORM (Lat. forma)

form, in being an action carried through to the end, while a fine was settled by compromise, and as to effect, by barring all reversions and remainders in estates tail, while a fine barred the issue only of the tenant .