FINEM FACERE

finem facere (fI-n<<schwa>>m fay-s<<schwa>>-ree). [Latin] Hist. 1. To make a composition

or compromise; to relinquish a claim in exchange for consideration.

“In the thirteenth century the king’s justices wield a wide and a ‘common law’ power of

ordering that an offender be kept in custody. They have an equally wide power of discharging him

upon his ‘making fine with the king.’ We must observe the language of the time. In strictness they

have no power to ‘impose a fine.’ No tribunal of this period, unless we are mistaken, is ever said

to impose a fine. To order the offender to pay so much money to the king — this the judge may

not do. If he did it, he would be breaking or evading the Great Charter, for an amercement should

be affeered, not by royal justices, but by neighbours of the wrong-doer. What the judges can do is

this: — they can pronounce a sentence of imprisonment and then allow the culprit to ‘make fine,’

that is to make an end (finem facere) of the matter by paying or finding security for a certain sum

of money. In theory the fine is a bilateral transaction, a bargain; it is not ‘imposed,’ it is ‘made.’ ” 2

Frederick Pollock & Frederic W. Maitland, The History of English Law Before the Time of

Edward I 517 (2d ed. 1899).

  1. To make a settlement of a penalty. • Magna Carta (ch. 55) specifically limited “[a]ll fines

which were made with us unjustly and contrary to the law of the land …” (Omnes fines qui injuste

et contra legem terrae facti sunt nobiscum).[Blacks Law 8th]