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Surety for the Peace.
The most usual manner and safest way for the Justice
of Peace, is, to
take two Sureties at the least (and those Subsidie-men) besides the party
himself, and to bind them by Recognizance to the King, viz. Domino Regi:
And it must always be for the keeping of the peace. |
Chap. 119. |
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And yet by the opinion of Mr. Morrow (who
was in the time of King
H. 7.) a Justice of Peace might have taken this Surety by a gage
pawned
only to him. |
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Also (by his opinion) a Justice of Peace might have
taken this Surety
by an obligation made to himself, by the name of Justice of Peace. |
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Yet if a Justice of Peace had enjoyned a man upon
pain of 20 l. to keep
the peace, this had been nothing worth: but in this case and the
former
two cases, and the like, this one general ground or reason may be given
for
all, sc. that a man cannot be bound to the King, but only of matter
of Record,
and therefore such Surety taken by gage or obligation, or such injoyning
of the peace, seemeth nothing worth to bind the party. |
Fitz. N. Br.
81. D. |
§. 3.
The form. |
Besides, the Statute 33 H. 8. c. 39.
there is a plain Law made (in these
and the like cases) which willeth, that all Obligations, &c. which
shall be
taken in any wise for the King, shall be made in the King's name, and by
these word Domino Regi: And if any persons shall make or take
any Obligation
(or Recognizance to the King's use in any other manner) he is punishable
by imprisonment at the King's pleasure, &c. |
P. Accompt
1. |
§. 4.
Time. |
A Justice of Peace may take a Recognizance, and
thereby may bind the
party to keep the peace for one year, or for a longer time (by his discretion)
yea, he may bind the party during his life upon reasonable cause:
and this
the Justice may do either by his own absolute authority or upon complaint
to him made, and upon good cause shewed; as, if the Offender be
a common Barretter, a Rioter, or else in the Justice's Conscience a dangerous
person: but if such Surety be so taken during the Offender's life,
the
Justice of Peace can never release that afterwards, and therefore the Justice
must be well advised how he granteth such Surety. |
Mar. lect. 5. |
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If the Recognizance be made to keep the peace (generally)
without any
time or day limited, it shall be construed to be during the partie's life,
Lambert
113. |
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§. 5.
Recognizance. |
A Justice of Peace, intending to take a Recognizance
for the peace, and
yet maketh no mention there (nor in the condition thereof) that it is for
the preservation of the peace, it seemeth to be void, as being taken coram
non Judice: for a Justice of Peace hath no authority to take
a Recognizance
generally, but for matters concerning his Office specially. |
Lam. 195. |
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If the Recognizance be, that the party bound shall
not beat nor maim
A. yet it is not good, because it ought to be for the Keeping of
the peace
(generally) and the peace may be broken by burning the House of A. or
the like. |
Lamb. 106. |
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If the Recognizance do not limit any time of Appearance
for the Conuzor,
but be generally to keep the peace; yet it is good, for the time of
appearance is referred to the discretion of the Justice, and the chief
scope
is, the keeping of the peace. Marrow. |
Ibid. |
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Also (by his opinion) if the Recognizance do limit
a time of Appearance,
but herein is no person named, before whom the party so bound shall appear,
then may he appear (in any place out of the Sessions where he will)
before that Justice of Peace which took the Recognizance. Ibidem. |
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But in the two last Cases, if a Recognizance should
be taken in such manner
at this day, I should think it safe for the party to appear at the next
Sessions for the peace, and there to record his appearance. See more
postea,
sub hoc titulo. |
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