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Surety for the Peace.
of his Recognisance, without any threatning, assault or affray to the
person, 22 E. 4. 35. Crompt. 135. |
Chap. 121. |
| Assault. |
So Assaults, sc. to strike at, or offer to
strike at a Man, although he never
hurt or hit him; this is an Assault, 22 Ass. Pl. 60. And this
is a Forfeiture
of this Recognisance. See Crompt. 137. b. & 40
E. 3. fol. 40. |
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Much more all Affrays, or violent and malicious
batteries, strikings,
beatings, woundings, or other mis-intreatings of the person of another,
are Forfeitures of this Recognisance. |
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The difference of these three are, menacing beginning
the breach of
the Peace, assaulting increaseth it, and batter accomplisheth it. |
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Or thus, Battery, is the wounding or beating of
another, Fi. |
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Assault is, when one unlawfully sets upon the person
of another, offering
to beat him although he beats him not, or striking at him, though he
strikes him not. Ibid. |
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Hither also belongeth lying in wait, besetting his
Mansion-house, and
not suffering his Servants to go in and out, &c. Fi. |
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Menaces, are threatning words to beat another, or
the like, for fear
whereof he dares not go about his business. Ibid. |
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For breaches of the Peace, without word or blow
given, as to go
with weapons, or company unusually, which be in Affray de pais.
See
page seq. |
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§. 2.
Command. |
If he that is bound, do but command or procure another
to break the
Peace, and that it be done indeed; this is a Forfeiture of this Recognisance.
Br. Peace 20. |
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Also false imprisonment, or arresting of another
without Warrant, is a
Forfeiture of this Recognisance. Now false imprisonment is any unlawful
restraint of Liberty. Fi. |
Lamb. 130. |
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So to thrust another into the Water, whereby he
is in danger of drowning,
is a Forfeiture of this Recognisance. |
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So to ravish a Woman against her will. |
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So to commit Burglary, Robbery, Murther or Man-slaughter
(all which
are to the person of another) or to procure the same; all and every of
these are Forfeitures of this Recognisance. |
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So to do any Treason against the Person of the King;
this is a breach
of the Peace, and a Forfeiture of this Recognisance: For although
the
words of the Recognisance usually be, Quod gerat pacem erga cunctum
populum
Domini Regis & præcipue erga A. B. ( and is not erga ipsum
Dominum
Regem & cunctum populum, &c.) Yet because this fact is
done against the
Head of the Body of the whole Realm, it is to be adjudged a prejudice
and hurt, Ad cunctum populum, and a breach of the Peace in the highest
degree. |
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But note, That the Act which must make a Forfeiture
of a Recognisance
for the Peace, must be done or intended to the Person of another
(by the opinion of Mr. Marrow.) And the Book of 2 H.
7. importeth as
much, saying, That this Surety of Peace is not broken without an
Affray, sighting, beating, or the like. |
Mar. Iect. 7.
2 H. 7. 2. b. |
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And yet to be riotously assembled, is a breach of
the Peace, and a Forfeiture
of this Recognisance, ' for that it is in terrorem populi.'
Nay, if two
Justices of Peace shall record a Riot upon their view (against a Man so
bound to the Peace) although it were no Riot, &c. yet he cannot plead
Not guilty in a Scire facias upon his Recognisance. |
Matt.
Lamb. 311. |
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Also to wear Armor, or Weapons not usually worn,
or to go with an
unusual number of Attendants, seems also be a breach, or means of breach
of the Peace, and a Forfeiture of this Recognisance for the Peace; for
they |
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