Page:Cyclopaedia, Chambers - Volume 1.djvu/780

 FIN

C 34)

FIN

FINEj that which is pure, and without Mixture. The Term is particularly ufed in fpcaking of Gold and Silver.

Fine Gold fhould be 24. Carats; but there is but little, if any, that rife's to fuch a Degree of Finenefs.

Gold thus fine, is foft, and difficult to work ; for which reafon they always mix a certain Quantity of Alloy with it. See Gold, Alloy, and Caract.

Fine Silver is that of twelve-penny Weights. See Sil- ver..; fee alio Refining.

FINE, in Law, hath divers Ufes or Significations.

The firft and moll noble is, a Covenant made before Juftices, and cnter'd of Record for Conveyance of Lands, Tenements, or any thing inheritable, being in effe tempore Finis, to cut off all Con trover lies. See Covenant.

A Fine, then, appears to be a Concord, acknowledged and recorded before a competent Judge, touching fome Hereditament or Thing immoveable, that was in Contro- verfy between the Parties to the fame Concord ; and for the better Credit of the Tranfatlion, it is fuppofed to be made in the Pretence of the King, becaufe levied in his Court.

Hence it binds Women Covert, being Parties, and others whom ordinarily the Law difables to tranfacl, only for this Reafon, That all Preemption of Deceit or evil Meaning Is excluded, where the King and his Court of Juftice are fuppofed to be privy to the Act.

Originally this Final Concord was inftituted and allowed, in regard that by the Law and antient Courfe of Proceedings, no Plaintiff could agree or end the Caufe without Licence of the Court : So as Fines have been antiently levied in perfonal Actions ; and for no greater a Sum of Money than 11/.

Eut Time has produced other Ufes of Fine, viz. To cut off Entails 5 and with more Certainty to pafs the Intereft or Title of any Land or Tenement, though not controverted, to whom we think good either for Years, or in Fee : Info- much as the paffing a Fine in moft Cafes now is h\xt FitJio Juris, fuppofing an Action or Controversy, where in Truth none is 5 and fo not only operating a prefent Bar and Con- clusion againft the Parties to the Fine, and their Heirs ; but at five Years End againfl: all others, not exprefly ex- cepted, and not claiming (if it be levied upon good Confi- deration, and without Covin) as Woman Covert 5 Perfons under twenty one Years ; Prifoners, or fuch as are out of the Realm ac the Time of its acknowledging.

This Fine hath in it five effential Parts : jr. The original Writ taken out againfl: the Cognizor. 2 . The King's Licence, giving the Parties Liberty to accord ; for which he hath a Fine, called the King's Silver ; being accounted part of the Crown Revenue. 3 . The Concord it felf, which begins thus, JEt ejl Concordia talis, &c. 4. . The Note of the Fine beginning thus, K. inter R. querentem, $$ 8. £5" T. iixorem ejus deforcientes, &c. (where inftead of Hkforcientcs, antiently Impedientcs was ufed ) 5 . The Foot of the Fine {Htffc eft fi?ialis concordia facia in Curia fDomini Regis apud ffltjl. a die Tafche? in qumdec'im dies Anno, &c.) concludes all, containing the Day, Year, and Place, and before what Jufiice the Concord was made.

This Fine is either Single, or Tiouble.

A Single Fine is that, by which nothing is granted or render'dback again by the Cognizees to the Cognizors, or any of them.

A ^Double Fine contains a grant and Render-back, either of fome Rent, Common, or other thing out of the Land, or of the Land it felf, to all or lame of the Cognizors for fome Eftate, limiting thereby Remainders to Strangers, not named in the Writ of Covenant.

Sometimes a ^Double Fine is, when the Lands do lie in fcveral Counties.

Again, a Fine is with regard to its Effect, divided into a Fine executed, and a Fine executory.

A Fine executed is fuch, as, of its own Force, gives a prelent Poffeffion (at leaft in Law) to a Cognizee, io that he needs no Writ of Habere facias feifinam, for Execution of the fame, but may enter; of which fort is a Fine, Sur Cognisance dc droit come ceo que il ad de fen done, that is, Upon Acknowledgment that the Thing mentioned in the Concord, is Jus ipfzus cognizati, tit ilia qzi# idem habet de douo Cognhoris. Weft, Sect. 51. K.

The Reafon is, becaufe this Fine paffeth by way of Re- leafe of that Thing which the Cognizee hath already (at leaft by Suppofition) by Virtue of a former Gift of the Cognizor ; which is in truth the fureft Fine of all.

Fines executory are fuch, as of their own Force do not execute the Poffeffion in the Cognizees ; as Fines fur Cogni- zance de droit tanttim ; Fines fur done, Grant, Releafe, Confirmation, or Render.

For if fuch Fines are not levied ; or fuch Render made to thole who are in Pofleffion at the time of the Fines le- vied, the Cognizees mutt, needs fue out Writs of Habere facias feifinam, according to their feveral Cafes, for obtain- ing their Poffeffion ; except, at the levying fuch executory Fines, the Parties to whom the Eftate is limited, be in Pod feffion of the Lands paffed thereby : For in this Cafe fuch Fines do enure by way of Extinguishment of Right, not al-

tering the Eftate or Poffeffion of the Cognizee, but perhaps bettering it. Weft. Symb. Seel. 20.

As to the Form of thefe Fines, it is to be confidcr'd, upon what Writ or Action the Concord is to be made - which is commonly on a Writ of Covenant. In this Cafe there mutt firft pafs a pair of Indenture between the Cognizor, and Cognizee; whereby the Cognizor covenants with the Cognizee, to pals a Fine to him of fuch and fnch Things by a Day limited. As thefe Indentures are firft in this Proceeding, fo are they faid to lead the Fine. See Indenture.

Upon this Covenant, the Writ of Covenant is brought by the Cognizee againft the Cognizor, who thereupon "yields to pafs the Fine before the Judge ; and fo the Acknow- ledgment being recorded, the Cognizor and his Heirs are presently excluded, and all Strangers (not excepted,} after five Years paffed.

If the Writ whereon the Fine is grounded, be not a Writ of Covenant, but of Warrantia Charta, or a Writ of Right, or Mefn, or of Cuftoms and Services (for of all thefe Fines may alio be found) then this Form is obferved : The Writ is ferved upon the Party that is to acknowledge the Fine ; and then he appearing, doth accordingly. See 2)yer.

Fines are now only levied in the Court of Common Pleas at Weflminfler, in regard of the Solemnity thereof, ordain'd by the Statute o$ 1% Ed-iv. 1. Before which Time they were fometimes levied in the County- Courts, Court-Barons, and in the Exchequer; as may be feen in Origines Juridicia- les, &c.

tPlcwden fays, There were Fines levied before the Con- queft : Fulbcck fays, He has feen the Exemplification of one of Henry the Firft 's time: (Dugdale affirms, That there werenone till Henry the Second. See Impediens.

Fine alfo Signifies a Sum of Money, paid as an Income for Lands or Tenements let by Leafe; antiently called Ger- fnma.

Sometimes it alfo denotes an Amends, pecuniary Punifli- ment or Recompence, upon an Offence committed againft the King and his Laws ; or againft a Lord of a Manor.

In which Cafe a Man is faid, Facere Finem de Iranf- greffione cum Rege, 8cc.

In all the Diversities of Ufes of Fine, it hath but one Signification ; and that is, a Final Conclufion, or End of Differences between Parties.

And in this laft Senfc, wherein it is ufed for the ending and Remiffion of an Offence, it is ufed by Bratlon, who. Speaks of a Common Fine, that the County pays to the' King for falfe Judgments or other Trefpaffes, which is to be affeffed by the Juftices in Eyre before their Departure, by the Oath of Knights, and other good Men, upon fuch as ought to pay it.

There is alfo a Common Fine in Leets.

Fines for Alienation, are reafonable Fines paid to the King by his Tenants in Chief, for Licence to alien their Lands according to the Statute, 1 JSd-w. 3. cap. 12. See Alienation,

Fine-drawing, or Rentering, a dexterous fowing up, or rejoining the Parts of any Cloth, Stuff, or the like; torn or rent in the dreffing, wearing, f£c. 'Tis prohibited to fine-draw Pieces of foreign Manufacture, upon thofe of our own ; as has formerly been praclifed. See Renterinc,

FINERS of Gold and Silver, are thofe that purify, and part thofe Metals from other coarfer, by Fire and Water.

They are alfo called 'Farters in our old Law-Books, and fometimes 2)eparters.

FINESSE, a French Term, of late current in Fnglifb. Literally, and as it is ufed among the French, it is of no further Import than our Engliflj Finenefs.

But among us, 'tis chiefly ufed to denote that peculiar kind of Finenefs, Delicacy, or Subtlety perceived in Works of the Mind; and the niceft and moft fecret and fublime Parts of any Science, or Art.

A Perfon of Tafte can never be fond of a Pun, where all the Fineffc lyes in an Equivoque, or an Ambiguity. This Man underftands all the Fineffes of his Art. The Subftance and neceffary Part of a Language is learnt as a little Expence; 'Tis the Fineffes and Delicacies that coft the moft.

FINGERS, 2)igiti, the extreme Part of the Hand, di- vided into five Members. See Hand.

The Fingers confift of fifteen Bones, difpofed in three Rows, or Ranks; each Finger having three Bones.

The Joints or Jointures are called Condyli, and Inter- nodii ; and their Arrangement or Rows, 'Phalanges : The uppermoft of which is the longeft andlargeft; thefeconi lels, but yet longer and larger than the third. See Phalanx,

The firft Finger is called the Tollcx, or Thuui : The fecond, Index, fometimes falutaris Digitus, and fometimes numerans; The third, the Middle Finger, Infamis, Ob- fcenus, Imp7idicus, an&Famofus becaufe ufed in mocking and Derifion: The fourth, Annularis, the Ring Finger, nie- dio proximus, and Medi&is ; by reafon the Antients idea