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Archaeologia Cantiana -  Vol. 1  1858  page 221

Pedes Finium - Feet of Fines 1196-1199 Richard I

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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