380 FI 
Rep. 102, 3. As to deeds to lead or declare the ufes of 
a fine, &c. fee the article Recovery. 
Fine adnui.lando levato de Tenemento quod 
fIiit de antiQ_ uo Dominico, a writ directed to the 
indices of the common pleas, for difannulling a fine levied 
of lands in ancient demefne, to the prejudice of the lord. 
FINES for ALIENATIONS, were fines paid to the 
king by his tenant in chief, for licence to alien their lands 
according to the (tat. 1 Edw. III. c. 12; but thefe are 
taken away by the fiat. 12 Car. It. c. 24, abolifhing all 
tenures but free and common focage. The premiums 
given on renewal of leafes, are alfo termed fines ; and 
there are fines for alienations of copyholds paid to the 
lord. See the articles Copyhold, Lease, &c. 
FINES for OFFENCES, in law, is a pecuniary punifti- 
ment, or recompence for an offence committed againft 
the king and his laws, or againfl: the lord of a manor. In 
•which cafe a man is faid finem facere de tranfgrcjjione cum 
rege, &c. CoweL —It feems that originally all punilhments 
were corporal; but that after the ufe of money, when the 
profits of the courts arofe from the money paid out of the 
civil caufes, and the fines and confutations in criminal 
ones, the commutation of punifhments was allowed of, 
and the corporal punifhment, which was only in terrorem, 
changed into pecuniary, whereby they found their own 
advantage. This begat the diftindtion between the greater 
and the leffer offences ; for in the crimina majora there was 
at leufl a fine to the king, which was levied by a capiatur-, 
but upon the leffer offences there was only an amerce¬ 
ment, which was affeered, and for which a dijcringas, or 
aftion of debt, lay. 2 New Ab. 502. 
The difcretionary fines (and difcretionary length of im¬ 
prifonment) which the courts of juflice are enabled to 
impofe, may feem an exception to the general rule, that 
the punifhment of every offence is afcertained by the law. 
But the general nature of the punifhment is in thefe, as 
in other cafes, fixed and determinate; though the dura¬ 
tion and quantity of each muff frequently vary, from the 
aggravations or otherwife of the offence, the quality and 
condition of the parties, and from innumerable other cir- 
cumftances. The quantum in particular of pecuniary fines, 
neither can nor ought to be afcertained by an invariable 
law. Our ftatute law therefore has not often afcertained 
the quantity of fines, nor the common law, ever; it di¬ 
recting certain offences to be punifned by fine in general, 
without fpecifying the certain fum; which is fully fuffi- 
cient, when we confider that however unlimited the power 
cf the court may feem, it is far from being wholly arbi¬ 
trary ; but its difcretion is regulated by law'. For the bill 
of rights, flat. 1 Will, and Mary, c. 2, has particularly 
declared, that exoeffive fines ought not to be impofed, nor 
cruel and unufual puniffiments infiidted : and the fame 
ftatute further declares, that all grants and promifes of 
fines and forfeitures of particular perfons, before convic¬ 
tion, are illegal and void. Now the bill of rights was 
only declaratory of the old conftitutional law : and ac¬ 
cordingly we find it exprefsly holden, long before, that 
all fuch previous grants are void ; fince thereby, many 
times undue means, and more violent profecuticn, would 
be ufed for private lucre, than the quiet and juft pro¬ 
ceeding of law would permit. 2 Injl. 48. 
The reafonablenefs of fines in criminal cafes has alfo 
been ufwally regulated by the determination of Magna 
Cham, c. 14, concerning amercements for mifbehaviour 
by the fuitors in matters of civil right. “ Liber homo non 
amercietur pro parvo dcliFlo nifi fecunduvi modum ipfins deliSi, 
et pro magno deliElo, Jlcundum magnitudinem deliEli ; Jalvo con. 
tenemento Juo: et mercator codem modo, Jalvd mercandijd fud ; 
ft villanus codem modo amercietur , Jalvo zuainagio Juo.” A 
rule, that obtained even in Henry IL’s time, [Gian. 1 . 9. 
<c. 8, 11.) and means only, that no man fhall have a larger 
amercement impofed upon him than his circumftances or 
perfunal eftate will bear: laving to the landholder his 
contenement or land ; to tiie trader his merchandize; and 
£0 the countryman his wainage or team and inftruments of 
N E. 
hufbandry. In order to afeertam which, the great char¬ 
ter alfo directs, that the amercement which is always 
inflicted in general terms (fit in. mifcricordia) fhall be fet, 
ponatur, or reduced to a certainty by the oath of good and 
lawful men of the neighbourhood. Which method, of 
liquidating the amercement to a precife fum, was ufually 
performed in the fuperior courts bv the affelfment or 
afteerment of the coroner, a fworn officer chofen by the 
neighbourhood, under the equity of the ftat. Weftm. 1. 
c. 18, and then the judges eftreated them into the ex¬ 
chequer. F. N. B. 76. But in the court-leet and court- 
baron it is ftill performed by affeerors or fuitors fworn to 
afteere, that is, tax and moderate the general amercement 
according to the particular circumftances of the offence 
and the offender: thfe affeeror’s oath is conceived in the 
very terms of Magna Charta. Fitzh. Surv. c. n . Amerce¬ 
ments impofed by the fuperior courts on their own offi¬ 
cers and minifters were affeered by the judges themfelves; 
but when a pecuniary muldt was irsflidted by them on a 
ftranger, (not being-party to any fuit,) it was then deno¬ 
minated a fine. 8 Rep. 40. And the ancient practice was, 
when any fuch fine was impofed, to enquire by a jury 
quantum indc regi dare valeat per annum, falva fujlcntatione fua 
et uxoris, et libcrorum Juorum. Gilb. Exck. c. 5. And fince 
the difufe of fuch inqueft, it is never ufual to affefs a 
larger fine than a man is able to pay, without touching 
the implements of his livelihood ; but to inflict corporal 
puniftiment, or a limited imprifonment, inftead of fuch 
fine as might amount to imprifonment for life. And this 
is the reafon why fines in the king’s court are frequently- 
denominated ranfoms, becaufe the penalty mtift otherwife 
fall upon a man’s perfon, unlefs it be redeemed or raiv. 
fomed by a pecuniary fine, ( Mirr . c. 5.) according to an 
ancient maxim, qui non habet in crumena luat in corpore. Yet 
where any ftatute fpeaks both of fine and ranfom, it is 
holden that the ranfom fhall be treble to the fine at leaft. 
Dyer, 232. 
Where a ftatute impofes a fine at the will and pleafurc 
of the king, that is intended of his judges, who are to im¬ 
pofe the fine. 4 InJl. 71. Courts of record have the pri¬ 
vilege to fine and imprifon ; and fuch courts may fine for 
an offence committed in court in their view, or by con- 
feffion of the party recorded in court. 1 Lill. Ab. 621. A 
man fhall be fined and imprifoned for all contempts done 
to any court of record, againfl the commandment of the 
king’s writ, &c. 9 Rep. 60. If a perfon is arrefted coming 
to the courts of juflice to anfwer a writ, the offender doing 
it fhall be fined for the contempt. 9 Hen. VI. c. 55. If an 
officer of the court negledts his duty, and gives not due 
attendance ; a clerk of the peace doth not draw an indict¬ 
ment well in matter of form, or return thereof, upon a 
certiorari to remove the indictment into the court of king’s- 
bench ; if a fherifF, &c. make an infufficient return of an 
habeas corpus iffiuing out of the king’s-bench, &c. or if 
juftie'es of the peace proceed on an indictment after a 
certiorari iffued to remove the indictment; the court may 
fine them. 1 Lil. 620. When a juror at the bar will not 
be fworn, he may be fined. 7 Hen. VI. c. 12. And if one 
of the jury depart without giving his verdiCt; or any of 
the jury give their verdiCt to the court before they are 
all agreed, they may be fined. 8 Rep. 38. 
Alio the fheriff in his torn, and the fteward of a court- 
leet, have a difcretionary power, either to award a fine, 
or amercement for contempt to the court; as for a fuitor’s 
refufing to be fworn, &c. and the fteward of a court-leet 
may either amerce or fine an offender, upon a prefent- 
ment, for an offence not capital, within his jurildiCtion. 
Keilzo. 66. It is faid that lome courts may imprifon, but 
not fine, as the conftables at the petit feffions, 11 Co. 44. 
Alfo lome courts cannot fine or imprifon, but amerce, as 
the county, hundred, &c. 11C0. 43 £. But fome courts 
can neither fine, imprifon, nor amerce; as ecclefiaftical 
courts held before the ordinary, archdeacon, See. or their 
commiftaries, and fuch who proceed according to the 
canon, or civil law. 11C0. 44a, 
If 
