| Chap. 117. |
Surety for the Peace.
Also the Justice of peace, upon his own discretion,
may in either of the
aforesaid Cases between the Husband and Wife (especially happening
in
his presence) grant Surety of the peace. |
269 |
| Lamb. 81. |
An Infant, under the age of fourteen years, may
demand this Surety,
and it shall be granted him. |
Infant. |
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Also this Surety of the peace may be granted at
the prayer of any person
against a Feme covert, or against an Infant though he be under
14 years
of age. (For if an Infant under 14 hath discretion to demand the
peace, &c.
then hath he discretion to break the peace.) |
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Co. 10. 43.
Cromp.
239. q. |
But if an Infant and a Feme covert shall
be bound by Sureties only,
they themselves shall not be bound, and if they cannot find Sureties,
they shall be committed to Prison until they have found Sureties.
And
yet if an Infant shall be bound to the Peace, &c. by Recognizance taken
by a Justice of peace, it seemeth he shall be estopped to avoid such a
Record,
if he doth not avoid it during his minority, for it is not void but
voidable, by Audita querela, during his minority. Dyer,
232. |
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But if a Feme covert shall be bound or acknowledge
such a Recognisance
(though her Husband joyn therein with her) yet it is merely void as to
the Wife, although she overliveth her Husband. |
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A man of Non sane memoire; this Surety shall
neither be granted against
him, nor to him upon his request; and yet if there shall be cause,
the
Justice of peace (upon his discretion) ought to provide for his safety. |
§. 5.
Non compos. |
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A man that is Lunatick (sc. who at some seasons
hath the use of reason,
and at other times not) it seemeth this Suretie of the peace may be granted
against him; and also that he may demand the same against another. |
Lunatick. |
See Co. 4.
124 & 11.
77. |
And if one of Non sane memoire, or a Lunatick,
be himself bound by
Recognisance before a Justice of peace, to keep the Peace, it seemeth such
Recognisance shall bind them and all others for ever. |
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But quære, if there be not a difference
to be taken herein, where a
Recognisance by an Infant, or one that is Non compos mentis,
shall be acknowledged
in a Court of Record, or in open Session, and where before
a Justice of peace out of the Sessions, |
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A man that is deaf, dumb and blind, be it naturally
(scil. that he was
so born,) or accidentally, he shall not have this Surety granted to
him, for
he hath no understanding to ask it, and yet for such a person, (or any
other
person not having reason to demand the peace) if there be cause, the Justice
of peace, upon his discretion, ought to provide for their safety. |
Natural
Infirmities. |
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A man that is born dumb and blind may have understanding;
and therefore
it seemeth this Surety may be granted to him, or against him. |
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But a man that is born dumb and deaf can hardly
have understanding;
for though the Sight be the chiefest sense, yet by Hearing we come
chiefly
to knowledge, and therefore it seemeth not grantable to him, or against
him, See Stampf. de Prærog. fol. 33, 34. Cro. El. 135. |
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And yet a man that is dumb and deaf, or blind and
deaf accidentally,
may have understanding, and therefore this Surety may be granted to
him, or against him. |
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Also this Surety of the peace may be granted against
an impotent person,
although he be such a one as is not like to break the peace himself;
for he may procure another to kill or beat one: and the common form
of
Recognisance is to bind a man from procuring hurt, as well as from doing
hurt. |
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This Surety of the peace may also be granted to,
or against, a man attainted
of Treason or Felony. |
§. 6.
Attaint |
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The like Law of him that in convicted of Heresie. |
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