Feet of Fines
Encyclopedia
A Foot of fine is the archival copy of the agreement between two parties in a medieval English
lawsuit over land. In the reign of Henry II of England
, the royal justices first began the practice of registering the settlement of disagreements over land by having both parties bring a suit before the royal courts, and the resulting decision was thus giving royal sanction to the settlement.
At first, two copies of the agreement were made, with one going to each of the litigants. However, under Hubert Walter
's justiciarship, probably about 1195, the practice was started of having a third copy made which was filed in the treasury.
The first recorded "foot of the fine" is endorsed with the statement "This is the first chirograph
that was made in the king's court in the form of three chirographs, according to the command of his lordship of Canterbury and other barons of the king, to the end that by this form a record can be made to be passed on to the treasurer to put in the treasury." The agreement concerns Walter's brother Theobald, who was the plaintiff.
Within a few years, the practice of recording foot of fines had spread widely, and even to Scotland, as in 1198 an agreement between William de Bruce
of Annandale and Adam of Carlisle over eight ploughgates in Lockerbie, Scotland was filed with the English treasury, recorded with those from Northumberland
. While early fines could be made in the Exchequer
, after the early 14th century, fines were always made in the Court of Common Pleas
. The procedure survived well into the 1830s.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
lawsuit over land. In the reign of Henry II of England
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
, the royal justices first began the practice of registering the settlement of disagreements over land by having both parties bring a suit before the royal courts, and the resulting decision was thus giving royal sanction to the settlement.
At first, two copies of the agreement were made, with one going to each of the litigants. However, under Hubert Walter
Hubert Walter
Hubert Walter was an influential royal adviser in the late twelfth and early thirteenth centuries in the positions of Chief Justiciar of England, Archbishop of Canterbury, and Lord Chancellor. As chancellor, Walter began the keeping of the Charter Roll, a record of all charters issued by the...
's justiciarship, probably about 1195, the practice was started of having a third copy made which was filed in the treasury.
The first recorded "foot of the fine" is endorsed with the statement "This is the first chirograph
Chirograph
A chirograph is the term given to a medieval document, which has been written in duplicate, triplicate or very occasionally quadruplicate on a single piece of parchment, where the Latin word "chirographum" has been written across the middle, and then cut through...
that was made in the king's court in the form of three chirographs, according to the command of his lordship of Canterbury and other barons of the king, to the end that by this form a record can be made to be passed on to the treasurer to put in the treasury." The agreement concerns Walter's brother Theobald, who was the plaintiff.
Within a few years, the practice of recording foot of fines had spread widely, and even to Scotland, as in 1198 an agreement between William de Bruce
William de Brus, 3rd Lord of Annandale
William de Brus, 3rd Lord of Annandale was the second but eldest surviving son of Robert de Brus, 2nd Lord of Annandale.His elder brother, Robert III de Brus, predeceased their father and never held the lordship of Annandale. William de Brus thus succeeded his father when the latter died in...
of Annandale and Adam of Carlisle over eight ploughgates in Lockerbie, Scotland was filed with the English treasury, recorded with those from Northumberland
Northumberland
Northumberland is the northernmost ceremonial county and a unitary district in North East England. For Eurostat purposes Northumberland is a NUTS 3 region and is one of three boroughs or unitary districts that comprise the "Northumberland and Tyne and Wear" NUTS 2 region...
. While early fines could be made in the Exchequer
Exchequer
The Exchequer is a government department of the United Kingdom responsible for the management and collection of taxation and other government revenues. The historical Exchequer developed judicial roles...
, after the early 14th century, fines were always made in the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
. The procedure survived well into the 1830s.
| FINE Final concord court's decision recorded three times on one face of one document |
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|---|---|
litigant one |
litigant two |
| Foot of Fine decision copy 3 court archive |
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