of every kind of difference" between two parties; as will be
abundantly proved in the series of these instruments which we
propose to print. Of this character appear to be the Fines Nos. 17
and 25 infra.
"Why a record of this description,"
says Mr. Hunter, "should have acquired the name of 'Finis,'
or 'Fine,' is easily explained. The very nature of the document
is, that it relates the END, or the FINISHING of litigation, real
or feigned. The first clause in the document is, ' Haec est
FINALIS concordia,' etc., and towards the close we have the words,
' Et pro hoc FINE et concordia,' etc."
" When the Courts condescended to allow
themselves to be thus called in to determine controversies that
were merely feigned, is a question of legal antiquarianism, which
is considered by many as still undetermined. The great current of
authority undoubtedly runs in favour of the opinion that the
practice arises out of the usages of our remote ancestors."1
Our limited space will not allow us to follow Mr.
Hunter through his learned and elaborate arguments on this point.
Referring our inquiring readers to the work itself for all that
can possibly be educed on the subject, it will be sufficient for
us here to state generally that, prior to the seventh year of King
Richard I. there are only five Fines extant, viz. four of the
latter part of the reign of Henry II. and one of the fourth or
fifth of Richard I., transcripts of which are given by Mr. Hunter.
in what case soever;" and
he cites Glanvil as stating (lib. viii. cap. 1), in reference to
these Fines, that " disputes moved in the King's Court are by
FINAL CONCORD terminated; but it then is by consent and leave of
the King, or his Justiciar, upon what occasion soever the
difference be."
1
" Fines, indeed," says Blackstone, " are of equal
antiquity with the first rudiments of the law itself; are spoken
of by Glanvil (lib. viii. c. 1) and Bracton (lib. v. t. v. c. 28),
in the reigns of Henry II. and Henry III., as things then well
known and long established; and instances have been produced of
them even prior to the Norman invasion (Plowden, 369)." Book
ii. c. 21. These assertions, however, are somewhat controverted by
Mr. Hunter.
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