381 
FIN , FIN 
If a dead body in prifon, or other place whereon an in- 
queft ought to be taken, be interred, or fuffered to lie fo 
long that it putrefy, before the coroner hath viewed it, 
the gaoler, or townfhip, (hall be amerced. 2 Hawk. P. C. 
If any homicide be committed, or dangerotts wound given, 
whether with or without malice, or even by mifadven- 
ture, or in felf-defence, in any town, or in the lanes or 
fields thereof, in the day-time, and the offender efcape, 
the town (hall be amerced ; and if out of a town, the hun¬ 
dred fnall be amerced. 3/12/?. 53. 3 Leon. 207. 
Belides fines impofed for offences, it feems, that regu¬ 
larly there was a fine or amercement in all aftions ; for if 
the plaintiff or defendant did not prevail, it was thought 
reafonable that he fhould be punilhed for his unjuft vexa¬ 
tion ; and therefore there was judgment againft him, quod 
Jit in viifericordia pro falfo clamore. 8 Co. 39. Hence, when 
the plaintiff takes out a writ, the fheriff, before the re¬ 
turn of it, was formerly obliged to take pledges of pro- 
fecutic-n, which, when fines and amercements'were confi- 
derable, were real and refponfible perfons, and anfwerable 
for thofe amercements ; but being now fo very inconfi- 
derable, that they are never levied, they are now' only 
formal or feigned pledges entered, viz. John Doe and 
Richard Roe. 1 Saund. 227. 
In all actions, where the judgment is againft the defend¬ 
ant, it was to be entered with a mij'ericordia , or a capiatur ; 
and herein the difference is, that if it be an action of debt, 
or founded on a contract, the entry is idco in viifericordia , 
without affeffing any fum in certain, which was afterwards 
affeered by the coroners in the proper county ; but if it 
were in action of trefpafs, the court fet the fine, and le¬ 
vied it by a capiatur. Cro. Eliz. 844. Therefore, in adtions 
quare vi et armis, as trefpafs, and the like; if judgment 
pafs againft the defendant in a court of record, he fliall 
be fined. 8 Rep. 59. But in adtions which have not fome- 
thing of force, or fraud, or deceit to the court ; if the 
defendant come the firft day he is called, and tender the 
thing demanded to the plaintiff, he is not to be fined. 1 
Danv. Abr. 471. All capiatur fines are taken away by flat. 
4 and 5 Will, and Mary, c. 12. 
A fine may be mitigated the fame term it was fet, being 
under the power of the court during that time, but not 
afterwards. A.nd fines affelfed in court by judgment upon 
an information, cannot be afterwards mitigated. Cro. Car. 
251. If a fine certain is impofed by ftatute on any con- 
vidtion, the court cannot mitigate it; but if the party 
comes in before convidtion, and fubmits to the court, they 
may affefs a lefs fine ; for he is not convidted, and perhaps 
never might. The court of exchequer may mitigate a 
fine certain, bedaufe it is a court of equity, and they have 
a privy feal for it. 3 Salk. 33. If an exceflive fine is im¬ 
pofed at the feflions, it may be mitigated at the king’s- 
bench. 1 Vent. 336. 
It is a common pradlice in the court of king’s-bench to 
give a defendant leave to fpeak with the profecutor, i. e. 
to make fatisfadlion for the cofts of the profecution, and 
alfo for damages fuftained that there may be an end of 
fuits; the court at the fame time fhewing, on that ac¬ 
count, an inclination to fet a moderate fine on behalf of 
the king. Wood’s Injl. 6$ 3. And in cafes where cofts are 
not given by law, after a profecutor has accepted cofts 
from the defendant, he cannot aggravate the fine; be- 
caufe having no right to demand cofts, if he takes them, 
it fhall be intended by way of fatisfadtion of the wrong. 
2 H. P. C. 292. All fines belong to the king ; and the 
reafon is, becaufe the courts of juftice are fupported at 
bis charge; and wherever the law puts the king to any 
charge for the fupport and protedlion of his people, it 
provides money for that purpofe. Brad. 129. When a 
perfon is fined to the king, notwithftanding the body re¬ 
mains in prifon, it is faid the king fnall be Satisfied out of 
the offender’s eftate. 4 Leon. c. 93.’ 
By the common law, the king or lord may, at their 
eledtion, diftrain, or bring an adtion of debt for a fine or 
amercement. 2 Hen. IV. 24 b. 10 Hen. VI. 7. Raym, 6S. 
Vql. VII. No. 434. 
But with refpeft to fines, fet in inferior courts, every 
avowry, or declaration of this kind, ought exprefsly to 
fhew that the offence was committed within the jurifdic- 
tion of the court; for if it were not, all the proceedings 
were coram non judice, and a court fliall not be prefumed to 
have jurifdidtion where it doth not appear to have one. 
Hob. 129. Co. Ent.siz. Alfo it is advifable to allege, that 
the offence was committed, as well as prefented, and to 
flievv the names of the prefentors and the affeerors in fet.- 
ting forth a prefentment or affeerment, and alfo to fhew 
that proper notice was given of holding the court. 
Of common right, a diftrefs is incident to every fine and 
amercement, in a torn or leet, for offences within the ju- 
rifdidtion thereof; but if the offence were only the negledt 
of a duty created by cuftom, and of a private nature, it is 
clear, that there muft be a cuftom to warrant a diftrefs, 
and perhaps fuch cuftom is alfo neceffary, though the 
duty be of a public nature. 2 Hawk. P.C. Alfo the fhe- 
riff, or lord may, for fuch fines or amercements, diftrain 
the goods of the offender, even in the higiway, or in land 
not liolden of the lord, utilefs fuch land be in the poffef- 
fion of the crown. 2 Injl. 104. But fuch fines and amerce¬ 
ments being for a perfonal offence, no ftranger’s beafts can 
lawfully be diftrained for them, though they have been 
levant and couchant upon the lands of the offender, 
Owen, 146. Noy, 20. 
FINES to the KING, [fines leroy, Fr.] Under thefe 
are included fines for original writs. On originals on tref¬ 
pafs on the cafe, wffiere the damages are laid above 40I. 
a fine is paid, viz. from 40I. damages, to 100 marks, ( 661 . 
13s. 4d.) 6s. 8d. From 100 marks to iool. the fine is 10s. 
From xool. to 200 marks, 13s. 4ft. From 200 to 250 
marks, 16s. 8d. From 250 to 300 marks or 200I. it is il. 
fine; and fo for every 100 marks more, you pay 6s. 8d. 
and every iool. further, 10s. Every iool. pays 10s. fine. 
R. H. 6. Will. & Mary. Fines are alfo paid for original 
writs in debt: for every writ of 40I. debt, 6s. 8d. and if 
it be of 100 marks but 6s. 8d. and for every 100 marks 
6s. 8d. &c. alfo for every writ of plea of land, if it be 
not a writ of right patent, which is for the yearly value 
of five marks, 6s. 8d. and fo according to that rate. 19 
Hen. VI. c. 44. 7 Hen. VI. c. 33. 
Fine non capiendo pro pulchre Placitando, 
a writ to inhibit officers of courts to take fines for fair 
pleading. 
Fine capiendo fro Terris, &c. a writ lying where 
a perfon upon convidtion of any offence by jury, hath his 
lands and goods taken into the king’s hand, and his body 
is committed to prifon ; to be remitted his imprifonment, 
and have his lands and goods redelivered him, on obtain¬ 
ing favour for a fum of money, &c. Reg. Orig. 142. 
Fine pro Redisseisina cafienda, a writ that lies 
for the releafe of one imprifoned for a rediffeifin, on pay¬ 
ment of a reafonable fine. 
To FINE-DRAW, v. a. To fow up a rent with fo 
much nicety that it is not perceived. 
FINE-DRAWER,^. One whofe bufinefs is to fow up 
rents. 
FINE-DRESSED, adj. Dreffed in fine clothes.—Be 
cautiotifty upon your guard againft the infinite number 
of fme-drejfed and fme-fpoken chevaliers d’induftrie. Chef, 
terjield. 
FINE-FIN'GERED, adj. Nice; artful; exquifite: 
The nioft fine-finger’d workman on the ground 
Arachne by his means was vanquiffied. Spenfer. 
FINE-SPOKEN, adj. Affectedly polite.—See Fine- 
dressed. 
FINECHIOLA'RO, a final 1 ifiand near the north-eaft 
coaft of the ifiand of Corfica : feven miles north of Buf< 
tia. Lat. 42. 58. N. Ion. 27. 15. E. Ferro. 
FINE'ERING. See Veneering. 
FI'NELESS, adj. Unlimited: 
But riches finelefs is as poor as winter. 
To him that ever fears he fliall be poor. Shahefpearc. 
5E fpnely; 
