Note 95 — Chapter VII

“These secret compositions are forbidden by nearly every early code of Europe; for by such a proceeding both the judge and the Crown lost their profits. The “Capitulary” of 593 puts the receiver of a secret composition on a level with the thief: ‘Qui furtum vult celare, et occulte sine judice compositionem acceperit, latroni similis est.’ And even now in common law, the rule is to obtain the sanction of the Court for permission ‘to speak with the prosecutor,’ and thus terminate the suit by compounding the affair in private.”—Thorpe. The reason assigned is, however, not the whole reason.