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Surety for the Peace.
Or to take away another Mans Goods wrongfully, so
it be not from
his person. |
Chap. 122. |
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Or to steal or take another Mans Horse, or other
Goods feloniously,
being not from his person. |
Marr. lect.
7. |
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All these, and the like, be breaches of the Peace,
and yet these will
make no breach of the Recognizance, nor breach of the Peace within
the
meaning of the Commission of the Peace. |
7 H. 7. 8 |
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Note that if a Man be bound in such a Recognizance
for himself and
his servants, if any one of them break the Peace, the whole Recognizance
is forfeited. Et sic in similibus. |
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Note also, that the Sureties may plead that the
Party Principal hath not
broken the Peace, although upon issue the same shall be found against
the
said Principal; for they are strangers thereto. Fitz. Averment
46. |
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§. 1.
Supplicavit. |
Now concerning the Writ of Supplicavit. CHAP.
CXXII.
Vide 73.
THE Forms of the Writ out of the Chancery, are
of divers sorts, as you
may see, Fitz. N. B. 80. d. & Register 89. |
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§. 2.
To whom
directed. |
By which Forms of the Writ it appeareth, that it
may be directed to
the Justices of Peace, or to one of them; or to the Sheriff, or to every
of
them, to cause the Party that is to be bound, to come before him or them,
to find Surety for the Peace. And this Writ may be, that the Principal
shall
be bound in such a Sum, and the Sureties in such a Sum certain, (and that
may
be in what certain Sums the Demandant will) or the Sums may by the Writ
be referred to the Justice of Peace, &c. with the clause therein contained,
Pro qua respondere volueris. And the said Writ is farther,
That if the Party
shall refuse, &c. that they shall commit him to the Gaol, Quonsque,
&c. and
that when they have taken such Surety, they do certifie the Recognizance
(which they have so taken) under their Seals, and return the Writ
into the Court from whence the same was awarded, and that without
delay. |
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And for that this Writ of divers Forms, the Justice
of Peace must
have a care that he do execute the same in every behalf, as the same Writ
shall direct and appoint him. |
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§. 3.
Execution
of it. |
When the Writ doth refer the Sum (wherein the Principal
and his
Sureties shall be bound) to the Justices, &c. then it resteth in their
discretion;
but yet it is then safe for them to take good Servants, and to bind
them in good Sums, and the rather, when the clause is in the Writ, Pro
qua respondere volueris. |
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When this Writ is directed to the Sheriff, and to
all the Justices of
Peace of that County, and is delivered to any one of them, he only to
whom it is first delivered, ought to execute the same Writ (in every behalf,)
sc. He only shall make a Warrant, &c. returnable before
himself,
and he only shall take Sureties, and make return thereof (only) without
any other. |
21 H. 7. 20.
Br. Peace. |
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The Form of a Warrant for the Peace upon a Supplicavit.
See Postea,
tit. Warrants. |
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§. 4.
Supersedeas. |
Also the same Justice of Peace after such Surety
taken, may make the
Party a Supersedeas to discharge him from any other Arrest; or to
deliver
him being in Prison for the Peace, (at any other Mans Suit, as it seemeth.)
Cromp. 237. b. |
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