| Chap. 121. |
Surety for the Peace.
Peace, yet it shall be safe for the party bound, to appear for the safeguard
of his Recognisance; and upon the Certificate made by the Justice of
Peace to the Sessions of such Release, the Conusor shall be there discharged
(at least) against the party who craved the Peace. |
281 |
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And in truth, the appearance of the party bound,
seemeth requisite,
notwithstanding any Release made. First, for the safeguard of his
Recognisance,
as aforesaid: Secondly that others may object against him (in the
open Sessions) if he hath in any sort broken the Peace, so as he may be
there
indicted upon the same, &c. |
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|
Note also, the King can in no case Release or Pardon
the Surety of the
Peace, nor such Recognisance (taken in the behalf of any of His Subjects)
until it be forfeited, for the mischief that may come to the party thereby,
but being forfeited, then the King, and none other may Release and Pardon
the Forfeiture. |
§. 6.
Discharge. |
1 H. 7. 1.
Br. Peace.
15 Br. Cor.
21. |
But the death (or resignation) of the King dischargeth
this Surety of
the Peace taken by His Subject: For the Recognisance is to keep the
Peace
of the King (then being) and when he is dead, &C. it is not his Peace.
Br. Surety 20. |
|
| Lamb. 116. |
Also the death of the Recognisor (sc. of
the party principal that is
bound) dischargeth his Surety of the Peace and the Recognisance.
See
21 Ed. 4. 70. & 15 H. 7. 2. & 13. |
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| Lamb. 116. |
Also the death of the party, at whose Suit the Peace
was taken, dischargeth
the Recognisance, if it were to keep the Peace against him alone. |
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But yet in these three former cases, such death
shall not discharge the
Recognisance, if it were forfeited before; and therefore it shall be best
for the Justice of Peace to send to the next Sessions such Recognisance,
(notwithstanding such death) else the King may be defrauded of a Forfeiture,
if any were before. |
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21 E. 4. 40.
Br. Peace.
17. |
The death of the Sureties shall not discharge the
Recognisance, neither
shall the party principal be compelled to find new Sureties after their
death;
for if the peace be broken after their death; yet alii è contra
ibid. sc. That the principal shall be compelled to find new Sureties. |
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' Also such Surety for the Peace may be discharged
by a Supersedeas
' made by another Justice of Peace of that County, or by a Supersedeas
' out of the Chancery, or King's Bench. |
|
21 H. 4. 40.
10 H. 7. 21.
Br. Rec. 21 |
If the King and the Recognisor be at Issue upon
the Breach of the
Peace, and the King waves the Issue; yet it not this Recognisance discharged,
but remindeth in force, and may be sued again upon a new breach
of the peace afterwards,
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|
Lamb. 117. |
What Act shall be (or makes) a Forfeiture of the Recognisance
taken
for the Peace. CHAP. CXXI. V. 72.
WHATsoever act is a breach of the Peace, the doing,
threatning or
intending thereof, against the person of another being present,
is a Forfeiture of his Recognisance. |
§. 1.
What is a
breach of
the Peace. |
18 E. 4. 28.
Br. Peace.
16. |
And therefore first, this breach of the peace may
be committed by
using any fearful or threatning Speeches to the person of another; therefore
all menacing, or threatning to kill or beat another to his face, is a Forfeiture
of his Recognisance; otherwise, if the party so threatned be absent.
And yet if the party so bound shall threaten to kill or beat A. who
is absent,
and after shall lie in wait for him to kill, or beat him, This is a Forfeiture |
Words. |
