Legal Definitions - post-fine

The term post-fine refers to a historical fee paid to the English Crown during the process of a "fine" (also known as a "fine of lands" or "final concord"). A fine was a fictitious lawsuit, formally settled in the Court of Common Pleas, used primarily from the 12th century until its abolition in 1833, to transfer land ownership or to bar certain claims to land, such as entails or dower rights.

The process involved two main payments to the Crown:

• The pre-fine (or præ-fine), paid for the "licence to agree" (licentia concordandi), which was the permission to settle the fictitious suit.
• The post-fine, which was paid *after* the agreement (the "concord" or "final concord") was formally acknowledged and recorded by the court, thereby completing the legal transfer or settlement of the land. It was essentially a final royal revenue charge for the official completion of the land transaction.

Here are some examples illustrating the application of a post-fine:

• Property Sale: In 17th-century England, Sir Reginald wished to sell his estate, Blackwood Manor, to Lady Eleanor. To ensure the title was absolutely clear and to prevent any future claims from distant relatives or potential heirs, they decided to complete the sale using a "fine." After the initial agreement to settle the fictitious lawsuit was made (for which a pre-fine would have been paid), and once the final terms of the land transfer were formally acknowledged and recorded by the Court of Common Pleas, Lady Eleanor, or Sir Reginald on her behalf, would have paid the post-fine to the Crown. This payment signified the official completion and royal sanction of the transfer of Blackwood Manor.

• Barring an Entail: The Davies family held land under an entail, meaning it was restricted to a specific line of heirs and could not be freely sold or mortgaged. Mr. Thomas Davies wanted to sell a portion of this entailed land to fund his daughter's dowry, which required breaking the entail. To legally "bar the entail" and free the land for sale, Mr. Davies initiated a "fine." Once the fictitious lawsuit was brought and the final agreement (the "concord") to transfer the land free of the entail was acknowledged and recorded by the court, the post-fine would have been paid. This payment was a necessary step to finalize the legal process that allowed the land to be sold without the previous inheritance restrictions.

• Settling a Marriage Portion: Before their marriage in the 18th century, Lord Ashworth wanted to settle a specific piece of land, Willow Creek Meadow, upon his future wife, Lady Beatrice, as part of her marriage portion, ensuring it was hers outright. To effect this secure and legally recognized transfer of land, a "fine" was employed. Once the fictitious legal dispute over Willow Creek Meadow was formally settled, and the final agreement granting the land to Lady Beatrice was acknowledged and recorded in the Court of Common Pleas, a post-fine would have been paid to the Crown. This payment marked the official completion of the legal process, solidifying Lady Beatrice's ownership of the meadow as part of her marriage settlement.