| Chap. 122. |
Surety for the Peace.
The Form of such Supersedeas. See after
tit. Precedent. |
287 |
21 H. 7.
Br. Peace.
5. |
The party who is attached upon this Writ of Supplicavit,
cannot go
to be bound before any other Justice of Peace, but only before him from
whom the Warrant proceeds upon this Writ; neither can another Justice
of Peace (by a Supersedeas) discharge such a Warrant made by
his fellow
Justice, by force of this Writ. |
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9 E. 4. 32.
F. Faux.
Imp. 4. |
The Justice or Sheriff to whom this Writ shall be
delivered, may
make a Deputy herein, sc. May make his Warrant to the Bailiff,
Constable,
or other person indifferent, to apprehend the Body, or to cause the party
to come before him (the said Justice or Sheriff) to find Sureties, &c.
And
that if he shall refuse, that then the Constable, &c. shall carry him
to prison,
there to remain, until he shall find Sureties; and yet the Writ of Supplicavit
is to commit the party to the Gaol, if he shall refuse before the
Justices (Si coram vobis, vel te recusaverit, &c.) But
the Justice or Sheriff
cannot give their power to another to take this Surety; for that is a Judicial
power which cannot be assigned over: Neither can they make any
Deputy therein, but they must take this Surety themselves; and the Bailiff
or Constable who apprehended the Body, cannot take this Surety. Br.
Office
39 & Faux. Imp. 34. |
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" A Supplicavit is directed to the Sheriff,
and four Justices of peace,
" that they or two of them shall take a Recognizance; the Writ is
" executed by two Justices which take the Recognizance, and the Sheriff
" returns it as taken by them, and good. Leonards' Case, T.
21 Jac. Rolls
" Rep. Part 2. p. 348. |
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If the party shall make resistance upon the execution
of this Writ, the
Officer may take Posse Comitatus, sc. the help of his Neighbour
to aid him
to arrest such party. See Postea, tit. Posse Comitatus, or
else the said Justice
may make his Warrant to the Sheriff, to apprehend the party, and upon
resistance,
the Sheriff may take Posse Comitatus to arrest the party. |
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F. N. B.
80. d. |
He that is to be bound to the peace, by force of
this Writ of Supplicavit,
out of the Chancery, is to be bound against him only that sueth
out
the Writ, as appeareth by the Form of the Writ aforesaid. |
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But yet at this day it is used otherwise, and I
once received out of the
Chancery a special Writ of Supplicavit, directed Custadibus
pasir, ac vic. &
eorum cuilibet, commanding us to take Sureties for the party to be
bound,
Quod ipse damnum vel malum aliquod alicui de populo nostro, & imprimus
eidem
Jah. &c. (that sued out the Writ) non fac. nec. fieri procurabit. |
§. 6.
Recognizance. |
F. N. B.
80. d. |
Also by this Writ of Supplicavit, the party
(against whom the Writ is
sued forth) shall be bound to the peace for ever (if he be taken;) for
the
Writ containeth or metioneth, not that he shall be bound to keep the
peace until any certain time, but generally (ad sufficientem securitatem
inveniendam
sub pœna, &c. And therefore to prevent this, that party (before
he
be attached) may come into the Chancery, and there find Sureties,
and be
bound until a certain day, that he shall do not hurt, &c. unto the
party
that sued forth the Supplicavit; and thereupon he shall have a Supersedeas
out of the Chancery, directed to the Justices of peace, and
to the Sheriff,
or to one of them, commanding them to surcease to arrest the said party,
or to compel him to find any Sureties, &c. And that if they have
arrested
or imprisoned him for this cause, and non other, that then they deliver
him, &c. Fitz. 18. a. The Form of the Supersedeas,
see Register 89. |
§. 7.
Time. |
F. N. B.
812.
Cromp.
142. |
And if the party against whom this Writ is sued
forth, cannot travel,
(or else will not travel) to bind himself in the Chancery, then
he may cause
some of his Friends to be bound, or to find Sureties in the Chancery
for
him, according to the Supplicavit; and thereupon they may purchase
a |
§. 8.
Avoidance. |
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