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Monday 19 August 2013

Feet of Fines for Essex

What are ‘Feet of Fines’?  To quote two short paragraphs from the beginning of the first volume:

"A Fine (Finis, or Finalis Concordia), so called from the words with which it begins, and also from its effect in putting a final end to all suits and contentions, was an amicable agreement or composition of a suit, whether real or fictitious, made between the parties with the consent of the judges, and enrolled among the records of the Court in which the suit was commenced .... Fines no doubt originated in actual suits for recovering the possession of lands and other hereditaments, the possession thus gained being found so sure and effectual that fictitious actions were soon introduced for the sake of obtaining the same security."

"The most important effects of a Fine were: 1. the barring of any claim by a stranger, unless the claim were "put in" within a year and a day; 2. the barring of all claims by the issue-in-tail of the grantor immediately; 3. the binding of "married women who were parties, so that they could claim no dower from the property thus settled." 

The first three volumes – out of copyright – are available to view online, posted by the University of Toronto.

Volume 1 (in 10 parts, I to X), covering 1182 to 1272AD, edited by R E G Kirk (published by the Essex Archaeological Society, 1899-1910): http://archive.org/stream/pt1to10feetoffin01greauoft#page/n11/mode/2up

Volume 2 (in 8 parts, XI to XVIII), 1272 - 1326, ed. R E G Kirk, (published by EAS 1913-28): http://archive.org/stream/pt1to8feetoffin02greauoft#page/n7/mode/2up

Volume 3 (in 9 parts, XIX to XVII), 1327 – 1422, ed. R E G Kirk, (published by EAS 1929-48): http://archive.org/stream/feetoffinesfores03greauoft#page/n7/mode/2up

For more options go to:

Volumes not available online are:

Volume 4. 1423-1547, ed., P.H. Reaney and M. Fitch (was published by the EAS in 1964)
Volume 5. 1547-1580, ed., M. Fitch and F. Emmison (Leopard’s Head Press, 1991)
Volume 6. 1581-1603, ed., F.G. Emmison (Leopard’s Head Press, 1993)

All are available from our Online Bookshop.

The following was written in the Genaeologists’ Magazine, Volume 11, p24 (March 1951). 
“Feet of Fines for Essex, Part XVIII (being Part 1 of Vol. IV), Colchester, 1947 (Published by the Essex Archaeological Society) pp32. 8¾ x 5½.  Blue paper cover.

“This part, covering the years 1 to 12 Henry VI (1423-44), continues the valuable work of the Essex Archaeological Society in this field and is dedicated to the memory of the late Mr R. C. Fowler, O.B.E., B.A., F.S.A., F.R.Hist.S., whose scholarly industry has been of such great value to Essex genealogists.  It is a pity that the publication of these Feet of Fines cannot proceed more rapidly, but the E.A.S. suffers, alas! from the same financial stringency as many societies.  I.M.W.”

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