Feet of Fines

Feet of Fines

A procedure in England that evolved for ending a legal action by agreement between parties arrived in the late 12th century. This agreement was known as a final concord (or "fine"). Originally, this was a means of resolving genuine disputes between parties, but by the middle of the 13th century, the fine had become a popular way of conveying freehold property, and the legal action was usually a made up one, initiated with the cooperation of both parties. This procedure survived well into until the 1830s.

The process of making a fine retained the bureaucratic form of a legal action. and could involve expense, delay and inconvenience. But it did have advantages that made it popular. The foot of the fine was preserved among the records of the court, and was therefore safe from accidental loss or forgery. In addition, a conveyance of land by fine could be much harder to challenge than one recorded only by a charter.

Each party would be given a copy of the agreement. However, in 1195 the procedure was amended, so that three copies were made on a single sheet of parchment, one on each side, and one at the base. Copies could then be separated by cutting the parchment along indented lines as a precaution against forgery. The right and left hand copies were given to both parties, and a third copy at the base (foot or feet) was retained by the court. For this reason the documents are known as feet of fines.

Previously, fines could be made in the Exchequer, but after the early 14th century, fines were always made in the Court of Common Pleas.

A reason for the popularity of feet of fines was because married women could participate in them without the risk of a later challenge on the grounds that they had been coerced by their husbands. As a result, married couples often used feet of fines to convey property.

There are no comprehensive indexes of persons or places for feet of fines. However, for some English counties, local record societies have published calendars covering particular periods. There are a number of miscellaneous indexes covering particular periods and counties, mainly compiled in the 17th century.

=References=
* [http://www.nationalarchives.gov.uk/familyhistory/guide/ancestorslaw/pleas.htm National Archives - Feet of Fines]
* [http://www.british-history.ac.uk/subject.asp?subject=5&gid=90 British History Online (University of London)]


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