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Surety for the Peace.
A man excomminucate may have this Surety granted
to him or against
him. |
Chap. 118.
Crom. 34. |
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So also of a man that hath abjured the Realm; for
notwithstanding the
abjuration, he oweth the King his allegiance, and remaineth within
the
King's protection, and the King may pardon and restore him again:
Qui
abjurat regnum, amittit regnum, non Regem, Co. 7. 9. b. |
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' The manner of abjuration. See lib. intr.
fo. 1. |
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A man attainted in a Præmunire, may
(at this day) require, and ought
to have this Surety granted to him, P. R. 19. Cromp. 133. |
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| Allen. |
An alien born who is made denizen, may have this
Surety; and so of
an alien born who liveth in England under the King's protection
(although
he be not made denizen.) |
Crom. 134.
1 R. 19. |
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And so of an alien whose King is in League with
our King; or if there
be no Wars between this Realm and that Realm whereof the alien is; for
by
the Common Law, all these may get and have within this Realm any
personal goods, and may sue for the same, and so have the benefit of the
King's Laws and Protection. But an alien who is the King's enemy,
(scil.
where there is open War between our King and his King) shall not have
this Surety granted to him, nor any other benefit of the King's Laws. |
Co. 7. 17.
Dyer 2. |
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Who shall be said to be an alien. See Co.
7. 16, 17. |
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Subjects. |
In Calvin's Case, 6 Jac. Reg. there
is a difference taken between ante-nati
and post-nati, in Scotland, where it is holden, That
ante-nati in Scotland,
sc. such as were born before the King's happy coming to the Crown of
England,
they are here aliens born; the reason is, for that at the time of their
birth, they were under the legiance and obedience of another King; and
he could not be a subject born of the Kingdom of England that was
born
under the legiance of a King of another Kingdom. And yet it is manifest,
That ante-nati, being the King's subjects, are herein provided for
by the
Commission it self; the words whereof are, Et ad omnes illos qui alicui
vel
aliquibus de populo nostro, &c. of which number ante-nati
be: so as they
may and ought to have this Surety granted to them, as well as to any
other subjects. See Dyer, fol. 304 & Pl 306. a. |
Co. 7. 11. |
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An Irishman born is a natural born Subject,
and capable of, and inheritable
to Lands in England, and therefore may have this Surety. |
Co. 7. 23. |
| Infidel. |
But it may be questioned, whether an Infidel, Pagan
or Jew, shall have
this Surety granted them. For in Law they are Perpetui inimici,
there is
between Christians and them perpetual enmity, and can be no peace:
neither
can they get anything within this realm, nor maintain any Action
at all, 12 H. 8. 4. |
Co. 7. 17. |
| Villain. |
A Villain or Bondman may have this Surety of the
peace against his
Lord, and the Lord may have against his Villain, and yet it maketh no
manumission, although it were demanded by the Lord without any Protestation,
&c.
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§. 1.
Paroll. |
CHAP. CXVIII. V. 69.
How this Surety of the Peace may be commanded, and how the same Commandment
shall be executed.
THE Justice of peace may command this Surety of
the Peace either
by word only, or by writing. |
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1. By word only, the party being in his presence;
as if in the presence
and hearing of the Justice of peace one man doth threaten another, or |
14 H. 7. 8. |
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