| Chap. 116. |
Surety for the Peace.
And in many of the former Cases the Justice of peace
ought of duty (or
at least in good discretion) to command this Surety for the peace,
although
the same be not required by any other person: and if any such person
shall
refuse to give such Surety, the Justice of Peace ought to send him to prison,
there to remain until he shall find such Surety. |
265 |
9 El. 4. 3.
Br. Peace.
8. |
If a Justice of Peace (upon his own discretion)
shall cause one to be arrested
to find Sureties for the peace, and shall after let him go without taking
Surety, or binding him to the Peace, yet the party hath no remedy;
for an Action will not lye against the Justice of Peace for this, he being
a
Judge of Record. See 9 H. 6. f. 60. and 9 E. 4.
f. 3. Br. Judges, 2. 10. and Br.
fx. imp. 12. |
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Lamb. 80.
P. R. 18. |
A Justice of Peace may persuade a man to require
the Surety of peace
against another, and he himself may grant a Warrant for it because it isno
more than he might have granted of his own Authority without any demand
made; and it shall be presumed that he saw cause to do all this. |
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Also at the request or prayer of another, the Justice
of Peace may command
this Surety of the Peace, and may grant his Warrant for it. |
Upon request. |
F. B. B. 79.
H.
Lamb. 84,
85. |
But here the Justice of Peace must and ought first
to take an Oath of
the party that demandeth the Peace, which Oath must be to this purpose,
sc. That he standeth in fear of his life, or of some bodily
hurt to be done
to himself, or to have his Houses burned (and that he doth not crave the
peace for any private malice, or for vexation, but of very fear, and for
the
needful safety of his Body or Houses) for the words of the Commission
here are, Et ad omnes illos qui alicui, vel aliquibus de populo nostro;
de
corporibus suis, vel de incendio domorum suarum, minas fecerint, ad sufficientem
securitatem de pace, &c. inveniendam, &c. |
§. 5.
Oath. |
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So that he shall be threatned to be hurt in his
Body (scil. to be beaten,
wounded, maimed or killed) the party so threatned may crave and have
the Surety of Peace against the other, and it is to be granted properly
in
such cases. |
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Also if a man do fear that another will kill, maim,
beat, assault, or hurt
him in the body, he may crave the Peace against such other person. |
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So if a man do fear that another will burn his House. |
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| Fitz. 79. g. h. |
So if a man do fear that A. will procure
or cause any such hurt to be
done him by another, either in his body or in his houses; for the words
of the Recognizance be, Non faciet, non fieri procurabit. |
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Cromp.
135. a. |
So if a man lieth in wait to beat, kill or hurt
another, it is good cause to
require the Surety. Cromp. 135. |
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Unc' nota les parols deut in le Commission, Minas
fecerit, &c per queux
parolx, sc. que per le Commission, le peace nemy est destre grant sur ascun
request,
ne aut' remet. Si non tantum lou home est menace, & pur
ceo lou A craved le
peace versus B. pur ceo que B. usa de vaer ove un Pistol,
& le Justice de P. sur
ceo granted le Peace. Sir Nich. Hyde blamed le Justice, disant que
il ne devoit
aver lye B. a le Peace, pur ceo que il n'ad menace A. |
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| Lamb. 84. |
If a man be threatned to have his Goods burned,
it seemeth by the opinion
of Mr. Fitz. that he may demand Surety of the Peace for this:
Quære
tamen, because he may recover his Goods, or damages for and to the
value
of the same, Co. L. 255. |
Threatning. |
17 E. 4. 4.
Br. Peace
12. |
And where a man shall threaten to imprison another,
it is holden, That
the peace shall not be granted; for that the party wronged may have his
Action of false Imprisonment, or a Writ De homine replegiand, and
so shall
recover damages for his Imprisonment. |
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| Lamb. 85. |
Yet enquire hereof, for to threaten Imprisonment
is within the words
minas de corporibus; and like harm may happen to a man by hard imprisonment, |
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A a
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