| Chap. 117. |
Surety for the Peace.
CHAP. CXVII. V. 68.
For whom and against whom this Surety for the peace shall be granted.
THE Law hat conceived such an opinion of the peaceable
disposition
of Noblemen, that it hath been thought enough to take one of
their Promises, upon his Honour, that he would not break the Peace
against
a man, Br. Comtempts 6. 24 E. 3. 3. and 17 E. 4. 4. |
267
§. 1.
Noblemen. |
Fitz. Subp.
20. |
And therefore if a man shall have cause to have
the Surety of the peace
against a Lord of the Parliament, or such great and noble personage, he
shall not have a Warrant from the Justices of Peace to that purpose; nor
yet have a Supplicavit out of the Chancery directed to the
Justice of Peace
therefore: but if there be cause, he may have a Subpœna out
of the Chancery
(of common right, as it seemeth) and there such Lord or Nobleman
shall be bound to the peace. And yet if such Lord will not appear upon
the Subpœna served, quære, if an Attachment will lie
against him upon such
his default, M. Cromp. f. 134 b. saith that it was holden
in the case of the Lord
Cromwell, in the Chancery, about 18 El. That
an Attachment lieth not against
a Lord where he maketh default upon a Subpœna against him out
of
the Chancery, Dyer 315. seemeth to accord. |
|
Ca. 65. 53,
54.
11 H. 4. 14.
& Rep. 19.
Co. 5. 49. |
But though it be true that the person of a Baron
(who is a Peer of the
Parliament) shall not be arrested (for, or in cases of Debt or Trespass,
&c.)
by his body; first, in respect of their Dignity; secondly, in respect that
the
Law presumeth that they have sufficient Lands and Tenements whereby
they may be distrained; yet in cases of contempt, it seemeth, they may
be
arrested by Capias, or Attachment, &c. Vide 27 H.
8. f. 22. b. |
|
Fitz. Subp.
20.
F. N. B. 79.
8.
Crom. 134. |
Or else (it seemeth) that the party may crave the
Peace in the Chancery
against such Lord or Peer (sc. to have a Supplicavit
directed to the Sheriff)
and then the Sheriff may and ought to execute the same: and if the
Sheriff shall not do his office therein, an Alias, Plur. and
Attachment lieth
against him. And if the Sheriff shall return, That such lord is so
puissant,
that he cannot arrest him; upon such Return the Sheriff shall be grievously
amerced (for he might have taken Posse comitatus, scil. he might
have levied
300 men by his discretion, if there had been need, to have aided him
in such case.) And if such Lord or Peer, who is by the Sheriff so
arrested,
shall refuse to obey the Arrest, and shall make a Rescous, whereupon
the
Sheriff shall return a Rescous, hereupon shall there be an Attachment
granted
out against such Lord, to arrest and take his body for such his contempt. |
|
Co. 6. 52,
53.
20 H. 6. c. 9.
Stamf. 152,
153. |
The same Law and Remedy seemeth to be where a man
hath cause to
have the Surety of the peace against a Dutchess, Countess, or Baroness;
for
they are Peers of the Realm, and shall be tried by their Peers, though
in
respect of their sex they cannot sit in Parliament: and they are
in the same
degree (as concerning their Nobility and the Priviledges incident to their
Dignities) with Dukes, Earls and Barons. But here note this diversity,
sc.
if such Woman, being a Countess or Baroness, &c. by marriage only,
shall marry again under the degree of Nobility, she hath thereby lost her
name of Dignity (together with the Priviledges of her said Nobility also,
as it seemeth) for in such a case, Si mulier nobilis nupserit ignobili,
definit esse
nobilis, and that which was gotten by marriage may also be lost by
marriage;
for, Eodem modo quo quid constituitur, dissolvitur; But if she be
Noble
by Birth or Descent, whomsoever she shall marry, yet she remaineth noble:
for Birth-right est Character indelebilis. Vide Dyer 79. &
Br. Nosme de Dignity
31 & 69. & C. l. 168. |
Noble women. |
A a 2
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