A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

FINE.

Fine, This word (Finis) hath divers signifi∣cations* 1.1 in the Law, quia aliquando significat pretium aliquando poenam, aliquando pacem.

For 1. The price or summe which is the cause of obtaining a benefit, is called a fine: as a fine for alienation for admission to a Copy-hold for ob∣taining of Leases.

2. What the offender gives in satisfaction of his of∣fences, is called a fine also, and in this sense di∣citur poena.

3. The assurance which makes men to enjoy their Lands and Inheritance, is called finis quia ••i∣nem litibus imponit.

They are all so called, because they are the ends or causes of the ends of all such business.

Of fines taken of Copyholders,

Some be certain by custom,

And some be uncertain.

But that fine though it be incertus, yet it must be rationabilis, and that reasonableness shall be discussed by the Justices upon the true circumstan∣ces* 1.2 of the Case appearing unto them, and if the Court where the cause dependeth, adjudgeth the

fine exacted unreasonable, then is not the Copy∣holder compellable to pay it.

Notes

• * 1.1

  Cook 8 Rep. Keechers Case.
• * 1.2

  Cook on Lit. lib. 1. cap. 9. sect. 74.