| 268 |
Surety for the Peace.
And yet, by the Curtesie of England, if Women
get to any degree of
Estate, they never lose it by marrying after more meanly, but do still
take
place according to the state of their first Husband. |
Chap. 117. |
§. 3.
Knight. |
Surety of the Peace may be granted by the Justice
of Peace against a
Knight, and against all other Lay-persons being under the degree of a Baron
or Peer of the Realm, and they shall be bound with Sureties. |
|
|
Sir Nicholas Stoughton, in Surrey,
was, upon the Complaint of one Gilham,
required in Sessions to give Sureties for the Good-behaviour for a sufficient
cause; he refused; the Sessions committed him until, &c. he
gave Sureties:
And afterwards complaint was made hereof in the King's Bench,
and he was compelled there to give Sureties, notwithstanding it was
objected
that the Justices of Peace were all of equal power: But it was answered
by the Court, That the Sessions made a Court, which Court might
require Sureties for the Peace or Good-behaviour of any one Justice of
Peace. |
|
|
Ecclesiastical Persons (if they be not attending
upon Divine Services)
may be arrested for the Peace, and they shall be bound with Sureties:
But
whilst they are doing any Divine Service in the Church, Church-yard, or
other place dedicated to God, they may not be arrested, 50 Ed. 3.
5. P.
Arrests 1. See Stat. 1 R. 2. cap. 15. & 1 Mar.
c. 3. |
36 H. 6. 23.
Br. Moign.
14. & 15.. |
§. 4.
Sheriff. |
Surety of the Peace may be granted against the Sheriff,
Under-sheriff,
Coroner, Escheator, and other such Officers of Justice. But Mr. Marrow
adviseth, that such persons be not bound versus conctum populum:
but
only against such persons as shall demand it, lest otherwise it should
argue
them unworthy and unmeet to bear or exercise any such Office in the
Commonwealth, if there should be cause to bind them versus cunctum populum. |
|
|
Si in overt Sessions un Justice de Peace abuser
auter Justice de Peace
semble que les autres Justices poit luy lier al Peace Cromp. 122. a.
Quære sil
ne amnasse Lauter? |
|
|
One Justice of Peace may grant his Surety to any
man against one of
his Fellow Justices (and yet the Commission is joynt) but great discretion
is herein to be used. |
|
| Wife. |
Yea, a Justice of Peace, upon demand, may grant
this Surety of the
Peace against his own Wife: and yet he and his Wife are but one person
in
Law. |
|
|
If Surety of the Peace be demanded against a Juror
at the Sessions, it
is grantable; but yet the same would not be granted or done before the
Sessions be ended. |
|
| Justice. |
One Justice of the Peace may demand his Surety of
the Peace (at the
hands of his fellow Justice) against another man. |
|
|
If a man hath cause to have Surety of the Peace
against one dwelling
in the Cinque Ports, he must have a Writ out of the Chancery
directed to
the Constable of Dover, and to the warden of the Cinque Ports:
the form
thereof see in Fitz. N. B. 80. |
F. N. B. 80. |
| Feme. |
The Wife may demand this Surety against her Husband,
(if he shall
threaten to kill her or outrageously to beat her, or if the Wife hath any
notorious cause to fear that he will do so) and it shall be granted her
by
the Justice of Peace, or she may have it by Supplicavit in the Chancery,
Fitz. 238. f. Br. Peace 23. |
|
|
The Husband, for the like causes, may demand Surety
of the Peace against
his Wife Et si el ne poit trouve Sureties, el serra commit, &c.
& issint
home poet este rid dun Shrew. " But it was resolved T. 9 Car.
B. R. that
" a Husband cannot have Sureties of the Peace of the Wife. |
Fitz. 89. f. |
