| Chap. 116. |
Sureties for the Peace.
before them, may be in this or the like form: and either in the
King's name
or under the name of the Justices, &c. |
263 |
Vide hic
cap. 130. |
Jacobus, Dei grat. Rex Angliæ, &c.
Vicecom Cantaby. salute,. Præcipimus
tibi quod non omittas propter liber' aliquam Comit' tui, quin venire fac'
coram Justic' nostris de pace in Comitat' præd' conservand. assign'
apud Linton
in Co. præd. die Julii proxim' sequent' 24 probos & legales
homines de Hundred'
de Radfield & Chilford, ad audiend' & faciend' ea quæ eis
ex parte
nostra ibidem tunc fuerit injungend'. Et habeas tunc & ibidem
hoc mandatum.
Teste Mi. D. (apud West-wratting) tali die, &c.
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Lamb. 77. |
CHAP. CXVI. V. 67.
Sureties for the Peace.
SUrety for the Peace, is the acknowledging of a Recognisance
(or Bond)
to the King (taken by a competent Judge of Record) for the keeping
of the Peace: and it is called Surety, of the word Securitas, because
the party that was in fear, is thereby the more secure and safe. |
What it is. |
F. N. B.
79. h.
Lamb. 77. |
This Surety for the Peace every Justice of peace
may take and command
in two manners, or by a two-fold authority. |
§. 2.
Two ways
Supplicavit. |
|
1. First, as a Minister (commanded thereto
by a higher authority) as
when a Writ of Supplicavit, directed out of the Chancery or King's-bench,
is delivered to his hand: upon this Writ, that Justice of peace only
(to
whom such Writ is delivered) is to direct his Warrant, to cause the party
to be brought before him (alone) to find Sureties for the peace.
And
therein the said Justice is to do in every behalf according as the same
Writ doth direct him. |
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See more concerning this Writ of Supplicavit,
&c. postea, sub hoc titulo,
Surety for the peace. |
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2. Secondly, As a Judge, (and by virtue of his Office,
and of his own
power derived from his Commission) he may command this Surety of the
peace to be found; and that either of his own motion and discretion, or
else at the request or prayer of another. |
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The Justice of peace, upon his own motion and discretion,
may (if he
see cause) command Surety of the peace to be found, or may bind a man
to the Peace (and that against all the King's Subjects, if the Justice
shall
so think meet) in these cases following: |
§. 3.
Upon discretion. |
| 5 H. 7. 6 |
1. One that maketh an assault or affray upon
the Justice of peace himself,
the Justice may cause or command him to be arrested of attached,
and carried presently before another Justice of peace, who may commit
him to prison till he hath found Sureties for the peace. Vide
hic. |
For what
Act. |
P. R. 18.
19. |
2. Such as in his presence shall make an affray
upon another, or shall
strike or assault, or offer to strike another, the Justice may commit him
to prison until he hath found Sureties for the peace. Vide antea,
tit. Affray
& Br. faux imprison. 12. |
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3. So of such as in his presence and hearing
shall threaten to kill, beat or
hurt another, or to burn his house. |
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| J. R. 18. |
4. So of such as in his presence shall contend
only in hot words; for
from thence oftentimes do ensue affraies and batteries, and sometimes
maims, yea, manslaughters and murthers. |
|
See Crom.
76. 142.
P. R. 4. |
5. So of such as in his presence shall go
or ride armed offensively, or
with an unusual manner of Servants or Attendants: for these are
accounted
to be an affray and fear of the People, and a means of the breach of |
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