CERTIFICATE TOUCHING THE PENAL LAWS. 369 



the most part groweth to 

 composition with the de 

 fendant ; which he can 

 not do without peril of 

 the statute, except he 

 have licence from the 

 court, which licence he 

 ought to return by order 

 and course of the court, 

 together with a declara 

 tion upon his oath of 

 the true sum that he 

 takes for the composition. 

 Upon which licence so 

 returned, the court is to 

 tax a fine for the king. 



This ought to be, but 

 as it is now used, the li 

 cence is seldom returned. 

 And although it contain 

 a clause that the licence 

 shall be void, if it be not 

 duly returned ; yet the 

 manner is to suggest that 

 they are still in terms of 

 composition, and so to 

 obtain new days, and to 

 linger it on till a parlia 

 ment and a pardon come. 

 Also, when the licence 

 is returned, and there- 

 VOL. v. 



king in such sort as li 

 cences be duly returned, 

 the deceits of these frau 

 dulent compositions dis 

 covered, and fines may be 

 set for the king in some 

 good proportion, having 

 respect to the val ues both 

 of the matter and the 

 person : for the king s 

 fines are not to be deli 

 vered, as moneys given by 

 the party, &quot; ad redimen- 

 dam vexationem,&quot; but as 

 moneys given &quot; ad redi- 

 mendam culpam et poenam 

 legis ;&quot; and ought to be in 

 such quantity, as may not 

 make the laws altogether 

 trampled down and con 

 temned. Therefore the 

 officer ought first to be 

 made acquainted with 

 every licence, that he may 

 have an eye to the sequel 

 of it : then ought he to be 

 the person that ought to 

 prefer unto the judges OY 

 barons, as well the bills 

 for the taxations of the 

 fines, as the orders for 

 B B 



