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nally, perhaps, all punishments were corporal : instruments of husbandry. In order to ascertain but after the use of money, when the profits of which, the great charter also directs, that the the courts arose from the money paid out of the amercement, which is always inflicted in general civil causes, and the fines and confiscations in terms (sit in misericordia) shall be set, ponatur, criminal ones, the commutation of punishments or reduced to a certainty by the oath of good and was allowed of, and the corporal punishment, lawful men of the neighbourhood. which was only in terrorem, changed into pecu- thod of liquidating the amercement to a precise niary, whereby they found their own advantage. sum, was usually performed in the superior
Thus arose the distinction between greater courts by the assessment or affeerment of the coand less offences; for in the crimina majora roner, a sworn officer chosen by the neighthere was at least a fine to the king, which was bourhood, under the equity of the star. West. 1. levied by a capiatur ; but upon the lesser of- c. 18; and then the judges estreated them into fences there was only an amercement, which was the exchequer. F. N. B. 76. But in the courtaffeered, and for which a distringas, or action of leet and court-baron it is still performed by debt lay
: 2 New. Ab. 502. The discretionary affeerors or suitors sworn to afferee, that is tax fines (and discretionary length of imprisonment), and moderate the general amercement according which the courts of justice are enabled to impose, to the particular circumstances of the offence may seem an exception to the general rule, that and the offender: the affeeror's oath is conceived the punishment of every offence is ascertained by in the very terms of Magna Charta, Fitzh, Surv. the law. But the general nature of the punish- c. 11. Amercements imposed by the superior ment is in these, as in other cases, fixed and de- courts on their own officers and ministers were terminate ; though the duration and quantity of affeered by the judges themselves; but when a each must frequently vary, from the aggravations, pecuniary mulct was inflicted by them on a or otherwise, of the offence, the quality and con- stranger (not being party to any suit) it was then dition of the parties, and from innumerable other denominated a fine. 8 Rep. 40. And the circumstances.
ancient practice was, when any such fine was The quantum in particular of pecuniary fines, imposed to enquire by a jury quantum inde peither can nor ought to be ascertained by an in- regi dare valeat per annum, salva sustentatione variable law. Our statute law, therefore, has not sua et uxoris, et liberorum suorum. Gilb. Exch. often ascertained the quantity of fines, nor the c.5. And since the disuse of such inquest it is common law, ever; it directing certain offences never usual to assess a larger fine than a man is to be punished by fine in general, without speci- able to pay, without touching the implements of fying the certain sum; which is fully sufficient his livelihood : but to inflict corporal punishwhen we consider that, however unlimited the ment, or a limited imprisonment, instead of such power of the court may seem, it is far from being fine as might amount to imprisonment for life. wholly arbitrary; but its discretion is regulated And this is the reason why fines in the king's by law. For the Bill of Rights, stat. 1 W. & M. court are frequently denominated ransoms, bestat. 2, c. 2. has particularly declared, that exces cause the penalty must otherwise fall upon a : sive fines ought not to be imposed, nor cruel man's person unless it be redeemed or ranand unusual punishments inflicted; and the same somed by a pecuniary fine. Mirr. c. 5. § 3. statute further declares, that all grants and pro- Lamb. Får. 575. According to an ancient maxim, mises of fines and forfeitures of particular persons qui non habet in crumena luat in corpore. Yet before conviction, are illegal and void. Now the where any statute speaks both of fine and ransom,
was only declaratory, of the old it is holden that the ransom shall be treble to constitutional law; and accordingly we find it the fine at least. expressly holden, long before, that all such pre FINERS, or REPINERS, OF GOLD AND SILVER, Tous grants are void; since thereby, many persons who purify and part those metals from tumes
, undue means, and more violent prosecu- coarser ones by fire and acids. They are also tion, would be used for private lucre, than the called parters in our old law-books, and somequiet and just proceeding of law would permit. times departers.
Fine-stilling, that branch of the art of disThe reasonableness of fines in criminal cases tilling which is employed in distilling the spirit has been usually regulated by the determination from treacle, or other preparations or recrements of Magna Charta, c. 14, concerning amercements of sugar. It is so called by way of distinction for misbehaviour by the suitors in matters of from malt-stilling. This operation is the same civil right. •Liber homo non amercietur pro with that used in making the malt spirit; a wash
delicto nisi secundum modum ipsius de- of the saccharine matter being made with water, licti, et pro magno delicto, secundum magnitu- from treacle, &c., and fermented with yeast
. It dinem delicti; salvo contenemento
suo: et is usual to add in this case, however, a considermercator eodem modo, salvâ mercandisâ suâ; et able portion of malt, and sometimes powdered villanus eodem modo amercietur, salvo
wainagio jalap, to the fermenting backs. The malt accel500. A rule that obtained even in Henry Il's erates the fermentation, and makes the spirit come time (Glan. I. 9. cc. 8, 11.) and means only, that out the cheaper; and the jalap prevents the rise no man shall have a larger amercement imposed of any musty head on the surface of the fermentupon him than his circumstances or personal es- ing liquor, so as to leave a greater opportunity tate will bear : saving to the land-holder his con- for the free access of the air
, and thus to shortei
. tenement or land; to the trader his merchandise; the work, by turning the foamy into a hissing for and to the countryman his wainage or team and mentation.
Bill of Rights
2 Inst. 48.
FINEʻSSE, n. s. Fr. Artifice; stratagem: an give the full display of a character. In hiin conunnecessary word which is creeping into the cur almost all the qualities that can ennoble language.-Johnson.
human nature; that can either make us admire A circumstance not much to be stood upon, in case the hero, or love the man. He is not only unit were not upon some finesse.
Hayward. conquerable in war, but he makes his people In what the world calls a suit of clothes, embroidery happy by his wisdom in the days of peace. He is sheer wit; gold fringe is agreeable conversation ; is truly the father of his people. He is known gold lace, repartee ; a huge long peruke, humour ; and by the epithet of 'Fingal of the mildest look, a coat full of powder very good raillery : all which require abundance of fineste and delicatesse to manage
and distinguished on every occasion by humanity with advantage, as well as a strict observance of the
and generosity. He is merciful to his foes, full tiines and fashions.
of affection to his children, full of concern about But he (his musical finesse was such,
his friends, and never mentions Agandecca, his So nice his ear, so delicate his touch)
first love, without the utmost tenderness. He is Made poetry a mere mechanic art;
the universal protector of the distressed; none And every warbler has his tune by heart, Cowper. ever went sad from Fingal. The controversy
FINET (Sir John), an English writer, des- respecting the genuineness of the originals of these cended froin an ancient family of Italy, was born celebrated poems, at one time so long and so ably near Dover in 1571. He was brought up at defended by the partizans on each side the quescourt, where he made himself by his wit a fa- tion, we need not here enter upon. A real hero of vorite with James I. In 1614 he was sent into the above name seems to be known to history. France upon public business, and soon after was On the subject of the poems in question, see knighted. In 1626 he was made assistant-mas- Ossian. ter of the ceremonies. He was the author of FINGER, n. s. & v.a. Sax. finger, from Fineti Philoxenus, some choice observations
fanger, to hold ; Sw. touching the reception and precedency, &c., of FINGERING,
finger ; Goth. finge; foreign ambassadors in England. He also trans
Belg. vinger. See lated from the French, The Beginning, Continu- Fang. The flexible member of the hand, by ance, and Decay, of Estates, 1606.
which we seize, or hold ; the hand; any instruFINGAL, king of Morven, in ancient Cale- ment of work; a small measure of extension : donia. He fourished in the third century; and, fingerfern is a plant (asplenum); finger-stone, a according to the Irish histories, died A. D. 283, fossil (selenites): fingering, the act of touching although there is some reason from Ossian's lightly; manner of playing music; fine or delipoems
for placing his death a few years later. cate work. Fingal was descended in all probability from Woo to you wise men of lawe, for ye chargen men those Celtic tribes who were the first inhabitants with birthuns whiche thei moun not bera : and ye of Britain. Tradition, and the poems of Ossian, you silf with your o fyngir touchen not the heuynessis. give him a long line of royal ancestors, such as
Wiclif. Luk. xi. Combal, Trenmor, Trathal, &c., who had all Not any skilled in loops of fingering fine, reigned over the same territory. Whether this with this so curious net-work might compare. territory was bounded by the Caledonian forest,
Spenser. or extended somewhat farther south towards the
You seem to understand me, Roman province, is uncertain ; but it doubtless By each at once her choppy finger laying extended over all the North and West Highlands,
Upon her skinny lips.
Shakspeare. Macbeth. comprehending the Hebrides, whose petty chiefs
Go, get you gone, and let the papers lie; were all subject to the king of Morven. His You would be fingering them to anger me.
Shakspeare. principal place of residence was Selma, which
She hath broke the lute ; was probably in the neighbourhood of Glenco, I did but tell her she mistook her frets, supposed to be the Cona of Ossian; though And bowed her hand to teach her fingering.
Id. some imagine it to have been in Strath-Conan in
With what eye should we have beheld this stone, Moray. The truth seems to be, that, as Fingal which was hewen and written with the very finger of and his people lived hy hunting, they often shifted God.
Bp. Hall's Contemplations, their habitation. Hence, in all parts of the
One of these bows with a little arrow did pierce Highlands, we find in the names of places, build- through a piece of steel three fingers thick. Wilkins. ings, &c., such monuments as justify their seve
Diogenes, who is never said, ral claims for the honor of Fingal's residence.
For aught that ever I could read, Fingal acquired great fame by his prowess in
To whine, put finger i' the' eye, and sob, arms. He made many successful incursions into
Because h’ had ne'er another tub. Hudibras. the Roman province, whence he carried away
Fool, that forgets her stubborn look, spoils; and by sea we find him frequently mak. This softness from thy finger took. Waller. ing: voyages to Scandinavia, the Orkneys, and Ireland; called by Ossian Lochlin, Innistore, Removed four fingers from approaching death;
Go now, go trust the wind's uncertain breath, and Ullin. The time of his death is uncertain.
Or seven at most, when thickest is the board. “The character of Fingal,' Dr. Blair observes,
Dryden. speaking of him as he appears in Ossian, is
The hand is divided into four fingers bending forperhaps the most perfect that was ever drawn by ward, and one opposite to them bending backwards, a poet, for we may boldly defy all the writers of and of greater strength than any of them singly, antiquity to show us any hero equal to Fingal. which we call the thumb, to join with them severally Throughout the whole of Ossian's works he is or united; whereby it is fitted to lay hold of objects
Ray. presented to us all that variety of lights which of any size or quantity.
Une that is covetous is not so highly pleased with fæculencies that float in the wine, and thus the meer sight and fingering of money, as with the forming a mass specifically heavier than the thoughts of his being considered as a wealthy man.
wine, they sink through the body thereof like a
net, carrying down all the foulness they meet in
tremely rich, so that its specific gravity is greater ber of fingers playing upon all the organ pipes of the
than that of the mass formed by the ingredients world, and making every ono sound a particular note.
used in fining and the dregs or lee; this mass then
Keil against Burnet. rises upwards, and floats at the surface of the The fingers and thumb in each hand consist of fif- wine, which will in this case also draw off fine. teen bones, there being three to each finger. Quincy.
See CLARIFICATION. Pone Peg sewed, spun, and knit, for a livelihood, FIN'ISH, v. a. Fr. finir; Span. and 'till her fingers' ends were sore.
FINISHER, n. s.
Port. fenecer ; Lat. finio,
à Gr. puw, to produce.
-Ainsworth. To bring to an end ; complete;
For which of you, intending to build a tower, sitteth
not down first and counteth the cost, whether he have While fancy, like the finger of a clock,
sufficient to finish it.
Luke xiv, 28.
When Jesus, therefore, had received the vinegar,
he said, “ It is finished." and he bowed his head and Thy Druids struck the well-hung harps they bore
gave up the ghost.
John xix. 30. With finger: deeply dyed in human gore ;
The author and finisher of our faith. Hebreus. And, while the victim slowly bled to death,
They hindered the finishing of the building. l'pon the rolling chords rung out his dying breath,
Esdras v. 73.
This was the condition of those times; the world
against Athanasius, and Athanasius ayainst it: half Convolves the adoring youth to Virtue's shrine ;
an hundred of years spent in doubtful trials which of Who with raised eye and pointing finger leads
the two, in the end, would prevail; the side which To truths celestial, and immortal deeds. Darwin.
had all, or else that part which had no friend but Anoa her thin wan fingers beat the wall
God and death ; the one a defender of his innocency, Ia time to his old tune ; he changed the theme,
the other a finisher of all his troubles. Hooker. And sang of love; the fierce name struck through all
He that of greatest works is finisher, Her recollection.
Oft does them by the weakest minister. FIN'GLE-FANGLE, n. s. From FangLE,
Shakspeare. which see. A trifle; a burlesque word.
O prophet of glad tidings ! finisher We agree in nothing but to wrangle
Of utmost hope.
Milton's Paradise Lost. About the slightest fingle-fangle.
Though here you all perfection should not find, FINʻICAL, adj. Apparently from Fine, Yet is it all the Eternal Will designed ; Fis'ICALLY, ado. which see. Nice; over It is a finished work, and perfect in his kind. Fix'icalNESS, n. s. ) particular; foppisb. A
Blackmore. low and burlesque word.
I would make what bears your name as finished as
When these are once stirred, there wants nothing Taylor and Barrow are incomparably the greatest but the assent of the will, and then the work is preachers and divines of their age. It is true they finished.
Never hear the sweet music of speech;
I start at the sound of my own. Cowper. FISING OF WINES. The usual method of FINISTERRE, Lat. finis terræ, i.e. land's fining down wines, so as to render them expe- end. A department of France, bounded on the ditously bright, clear, and fit for use, is this :— north-west and south by the sea, and on the east Take an ounce of isinglass, beat it into thin by the departments of the North and Morbihan. shreds with a bammer, and dissolve it by boiling It is about fifty miles long from north to south, in a pint of water; this when cold becomes a and between forty and forty-five broad from east stiff jelly. Whisk up some of this jelly into a to west, comprehending the west part of the cifroth with a little of the wine intended to be devant province of Bretagne. It is the most fined, then stir it well among the rest in the cask, western part of France, and contains the five and bung it down tight; by this means the wine arrondissements of Quimper, Brest, Chateaulin, will become bright in eight or ten days. This Morlaix, and Quimperle." Quimper is the capimethod, however, is found to be best suited to tal, but Brest its largest town ; the Aulne and the white wines; for the red ones the wine- the Oder are the chief rivers. The climate here coopers commonly use the whites of eggs beat is very wet, and the soil not very fertile in the up to a froth and mixed in the same manner with interior: along the coast good buck-wheat, oats, their wines. The method by which these vis- and flax are grown; the fisheries are abundant, cous bodies act in the operation is this: they en- and the pasturage is good. The manufactures tangle themselves among the Aying lee or light are woollen, coarse linens, and leather.
FI'NITE, adj. Lat. finitus, participle building for the purpose of taking the warm
FIN'ITUDE. less, a word hardly worth increase, although their habitations, particularly perpetuating while we have the far better one in the north, are very wretched. They speak a infinite to express the same sense: finiteness language quite different both from Russian or and tinitude, “mean limitation; state of being Swedish; this language is spoken also in Lapland, finite; confinement within boundaries.
Esthonia, and in part of Livonia. In point
The Fins are a race of people very distinct desires.
Id. from their neighbours and masters, the Russians. They are creatures still, and that sets them at an They are of a middle stature, fair complexion, infinite distance from God; whereas all their excel. generally red hair, their beards shaven. Their lencies can make them but finitely distant from us. hair, parted at top, is suffered to hang over their
Stillingfleel. shoulders. A thoughtful disposition, often darkFinite of any magnitude holds not any proportion ening into melancholy, and a singular language, to infinite.
without prepositions, complete the picture of
“The villages we saw,' says Mr. James, speakThat supposed infinite duration will, by the very burgh, were of the meanest appearance and
ing of his journey from Wyburg to St. Peterssupposition, be limited at two extremes, though never so remote asunder, and consequently must needs be made for display and show, is poor indeed; and,
character, for whatsoever in this country is not finite.
Finitude, applied to natural or created things, im- by our recollection of the different state of things ports the proportions of the several degrees of affec we had left behind, Sweden was now as much tions, or properties of these things to one another; raised as she had before been sunk on comparison. infinitude, the unboundedness of these degrees of Instead of the neat-built red-ochred cottages, the affections, or properties.
Cheyne. road-side was disfigured by large dismal huts, Sometimes he doth act in methods of wisdom, and with walls made of the round trunks of trees by rules of justice, surpassing our capacity to know, barely stripped of their bark, and resembling either from the finiteness of our nature, or the feeble- externally a casual pile of timber, rather than ness of our reason, or the meanness of our state and
a human dwelling. The interstices of this framecircumstances here.
work were caulked with moss and clay, and FINLAND, or FINNLAND, a country of Euro- though a few glazed windows were seen, their pean Russia, bounded on the north by Lapland, place was generally supplied by square open on the east by Russia, on the south by a gulf to crannies. These structures called to mind the which it gives name, and on the west by the first rude efforts of primitive man after he left gulf of Bothnia. It was divided by the Swedes, the shelter of the forest-oak, and looked as if age who formerly possessed the sovereignty, into after age had passed over the heads of the people Finland Proper and East Bothnia, an extensive without their attempting any improvement in country to the northward; but the whole is now the arts of civil life. The ancient Russian Chrocomprised under the general name of Finland, niclers, who speak of the founder of any place as containing seven provinces, of which East Both- having cut the town (roubitgorod) might easily nia is the least fertile. In superficial extent be supposed :o be describing in that phrase the Finland is equal to England; but the population, builders of the present day ;---so little different including Russian Finland and the islands of is the modern process; the felling of the timber Aland, does not exceed 1,100,000. Though the in fact, is the only part of the labor which a pastures are good, the cattle are small, and the peasant thinks it behoves him to calculate upon forests of firs furnish the principal articles of when about to erect his habitation. commerce, in wood, charcoal, timber, and plank. • The cottages of the islanders,' says our traGame is abundant of various kinds. The lakes veller, are rough-hewn log-houses, and they and riveis abound in fish, and pearls are found were themselves people apparently of such simon the coasts. At the bottom of the morasses ple manners and habits, as their secluded situaearth is dug, from which iron is extracted. There tion and scanty number might lead one to expect; are also some mines of lead.
In the more
each rustic householder was provided with the favored districts rice, oats, and barley, are suc- tools and implements of a dozen necessary arts or cessfully cultivated, and wheat in particular professions; performing for himself, with equal situations. The exports of the country consist address, the duties of carpenter, shoemaker, in iar, pitch, wood, iron, and copper.
tailor, fisherman, baker, miller, &c. So little The towns lie generally along the coast; the was the division of labor studied, or the approprincipal are Abo, the capital, Helsingfors, Nis- priation of means, that we observed the corn tadt, Wasa, and Uleaborg ; in the interior is mills almost equalled in number the houses of Tavasthus, and adjacent to the southern frontier the villagers; they were cheap and of simple is the town of Wyborg. The houses, and even form, acting by sails constructed of wooden the public edifices, are generally built of wood; planks, and their mill-stones shaped like the yet the poorest of the peasantry have a small querne or old Celtic machine, for grinding with
the hand. Luxuries, such as ochre paint for country, and keep them out of mischief so much their cabins, or coats of woollen cloth, where to the peace and comfort of their neighbours, sheeps-skins would suffice, were not common. that we cannot but refer to it. "The solemnisaCaps of the most ordinary fur served as covering tion of marriages takes place only once a year, for their heads; and for their feet, the want of and that on a fixed day in the teeming autumn. shoes was supplied by a mis-shapen bag of dried Before this time arrives, the expectant lover is seal-skin: the harness of their horses consisted not permitted, by the custom of the land, to pay of nothing more than a plain collar attached to his addresses in person to the object of his the shafts of the cart or sledge; the horse's neck wishes: his offer is made by sending a piece of was thrust through, and he had nothing to do money, that is accepted or not as the fair one is but proceed; the contrivance answers all the inclined to approve or reject his suit: but both purposes of draught, because neither here nor in the conveyance of this token of love, and the Sweden is the animal trained to resist the weight whole of the after-ceremonials of courtship, are of a carriage on a descent, however steep it carried on through the intervention of some old
woman of the village, whose occupation and Speaking of his arrival at the chief town of calling may seem enviable to some bustling genthe southern frontier, he says, 'I gazed with tlewomen in other countries, being that of a reFonder at the spectacle that presented itself in gularly established match-maker.' (p. 214, 215). the streets of Wyborg; the glare of white houses, Finland was formerly an independent kingtheir green roofs and oriental cupolas, the noble dom, then an archduchy annexed to Sweden. In znansions of the wealthy, and the religious fane, 1742 great part of it was conquered by the Rusall so spacious and splendid in comparison of sians; but ceded again to Sweden except Carelia, what we had lately been accustomed to see; and Kexholm, &c. In the twelfth century great yet above all, the new costume of the by-standers pains were taken for the conversion of the Finns dressed in long caftans, their bare necks, their to Christianity; and Henry, who was bishop of Howing beards, their sash, cap, and boots of red, Upsal in 1157, fell a martyr to his zeal in carrywere altogether objects so singular, that the ing on that pious undertaking. That prelate spectacle impressed itself on my mind rather as founded the first cathedral in Finland at Randaa dream of the morning than as a scene of real moke; but the see was afterwards removed to life
. The men seemed quite another race of Abo, which lies in the neighbourhood of the forbeings; no longer the modest homely Fin, but Martin Skytte and Peter Serkilar were persons of strong masculine habit, carrying a the first preachers of the Lutheran doctrine here. stuhborn and listless mien, that, combined with It was in 1808 that Finland was overrun by a their majestic stature, seemed not altogether de- Russian army, and annexed to that empire ; its void of dignity: while the colored ornaments vicinity to Petersburgh, and its advantages for with which they were set off lent them an air of naval purposes, had long made its conquest a crotesque magnificence, not ill according with favorite object with that court: East Bothnia and the showy buildings that surrounded us ; every Kemi-Lappmark shared the same fate. object, in short, which met our eyes, partook of On the east of the Baltic is the Gulf of Finthe same character, and bore a hint of Asiatic land, eighty leagues long, and from eleven to ongin.' (p. 224.)
twenty-two broad. Its entrance is between Dr. Clarke, who visited that part of Finland Spinthamer Point in Estonia, and Hango-head in which borders on the top of the Bothnian Gulf, Finland. The latter point is the extremity of a thus describes the dress of the inhabitants of peninsula, with a fire tower, and off it several those regions. "The pure costume of the Finland islands, forming a port, defended by some battepeasants is very elegant; we saw it here gene- ries. The greatest depth of the gulf is sixty rally worn. li consists, among the men, of a fathoms; but it is encumbered with a vast numjacket
, with pantaloons, buskins, and a yellow ber of rocky islands and reefs, level with the sash
, worn as a girdle round the loins. The water, distinguished by fire beacons, or flags of sash, although generally yellow, is sometimes different colors, hoisted on high wooden crosses, red, and sometimes it is variegated with flowers. to superintend which two Russian galliots are The buskins are bound about the ancles with constantly employed, while the gulf remains scarlet garters, ending in a black tassel. The open ; nevertheless, shipwrecks are extremely jacket and pantaloons are of the same color, and frequent. generally white; but blue, black, and gray, are FINMARK, an extensive province of Sweden, also used. Some of the men, but very few, ap- lying to the north of Norway, and usually consipear in long white coats, bound with the same dered a part of Lapland. It is divided into four sort of sash with the Don Cossacks. The dress districts, West and East Finmark, Senjen, and of the women resembles the costume of the fe- Tromsoe. The inhabitants derive their principal males of the Venetian territory, and is very beau- subsistence from fishing; and it is only on the tiful. They appear in a short scarlet or striped coast that human beings are to be met with in Fest
, made as gaudy as possible, with large and any number. To this province belong several loose shift sleeves of very white linen, and white islands, on one of which, Magheroe, is the North hoods or handkerchiefs upon their heads. The Cape, the most northern promontory of Europe. rests are often of silk or rich damask, embroi- Finmark was ceded to Sweden with the rest of dered with large brocade flowers.'
Norway in 1814. It contains 27,000 inhabiOne Finnish custom mentioned by Mr. James tants, of whom 6000 are Laplanders. would provide so appropriate an occupation for FINNI, or FENNI, the ancient people of Fina numerous body of respectable females in this ningia; "whose ferocity,' says Tacitus,