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Surety for the Peace.
Supersedeas out for him, directed to the Justices of peace, and
to the Sheriff,
and by this Supersedeas, the Justices and the Sheriff shall
be commanded to
tale also Surety of the party himself, in the Country (according to the
Writ of Supplicavit) that he shall keep the peace, &c. |
Chap. 122. |
§. 9.
Supersedeas. |
Also, if the party happen to be arrested and imprisoned
upon this
Writ, yet if he can procure a Supersedeas out of the Chancery,
it seemeth,
by the words in the end of the Supersedeas, that this will discharge
him of
the Arrest or Imprisonment. |
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Now after the party is arrested and imprisoned (upon
this Writ) the
means for him to procure a Supersedeas out of the Chancery, must
be: |
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1. Either to get some of his Friends to be
bound in the Chancery for
him, and they to get a Supersedeas ut supra. |
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2. Or else to get a Certificate to the Lord
Chancellor, from three or
four Justices of peace in this behalf, ' Signifying, That the party Plaintiff
' is a contentious Man, and the other party of good Fame: And upon
' such Certificate (dicitur) they will either discharge the party,
or else grant
' him a Supersedeas. |
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§. 10.
Where. |
This Writ of Supplicavit is granted (or may
be granted) in the Chancery,
or Kings Bench, upon great cause shewed and proved there, and is
(or
ought to be) granted upon Oath, that the party is in fear, &c.
of some
bodily hurt, &c. |
F. N. B.
79. h.
Lamb. 8. |
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But this Writ of Supplicavit hath heretofore
oftentimes been procured
and gotten out rather of malice, and for vexation, than upon any needful
or just cause. And Sir Edward Coke speaking of such as maliciously
shall
purchase out any special Supplicavit, or Latitat, of the
peace, (and that by
fraud and malice, to inforce the other party, Ad redimend. vexationem,
to
give them Mony, to yield them other composition) brandeth them as
Barretors, and notable oppressors of their Neighbours; oppressing thereby
the poor and innocent by colour and countenance of Law, which was
ordained to protect the innocent from all oppression and wrong. Neither
was this a wrong only to the party thus maliciously vexed, but also to
all
the Justices of peace in that County, taxing them (tacite) as though
the
Demandant could not have justice at their hands in such case, whereas
perhaps
the Demandant never so much as desired the same at any of their
hands. And besides, the said Justices of peace (having in all likelihood,
knowledge of each party, and their behaviors) or any one of the Justices
of peace, might and would, no doubt, yea, and ought to have yielded
the
Demandant, upon request and just cause shewed to them, as sufficient and
good security in the Country, every way (as I conceive it) for his safety;
as namely, as many and able Sureties, and better known, and to have been
bound in as great Sums, and for as long time, if the cause should so require.
So as what should move them to seek (with more trouble, charge and
delay to themselves) that security above, which they may have (more
speedily, and with less charge and trouble) at home, I see not, but only
or chiefly the vexing and oppression of their Neighbors, as aforesaid.
And
for that, this manner of oppression grew so common; therefore by the
Statute made 21 Jac. c. 8. It is now Enacted, That all Process
of the peace,
or Good Behavior, to be granted out of the Chancery or Kings
Bench,
against any person whatsoever at the suit of any other, shall be void,
unless
such process shall be granted out of the Chancery or Kings Bench,
against any person whatsoever at the suit of any other, shall be void,
unless
such process shall be granted upon motion first made before the Judge
or
Judges of the same Court, sitting in open Court, and upon declaration in
writing upon oath then exhibited, for the causes for which such process
shall
be granted; and unless that such motion and declaration be mentioned to
be |
Co. 8. 35.
See more
before hic
this title.
21 Jac. 8. |
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