| 290 |
Surety for the Good Behaviour.
else, Non est inventus, may be certified for him, and the Writ
executed for
the rest. |
Chap. 123. |
§. 14.
Peace and
good Behaviour. |
By the Book 30 Assisarum plac. 14, it appeareth,
that a Man may be compelled
to find Sureties both for the good Behaviour, and for the peace;
for there one that had beaten a Woman in West. Hall, was bound to
the
peace towards the Woman, and was also bound to the good Behaviour
towards the King. |
|
|
And so where one shall strike another in the presence
of a Justice of
Peace, the Justice may bind him to the peace, and also to the good Behaviour,
Cromp. 140. |
|
|
So where one coming to the Sessions to prefer a
Bill of Indictment, or
about a Traverse to be tryed there, &c. if he shall be assaulted or
threatned,
&c. the Justices may bind the Offender to the peace, towards the
party; and to the good Behaviour for such contempt to the King and the
Court, Cromp. 141. |
|
|
And yet it seemeth that the good Behaviour includeth
the peace, and
that he that is bound to the good Behaviour, is therein also bound
to the
peace, See the usual Forms of both Recognizances, & hic postea. |
Br. Surety
11.
2 H. 7. 2. b. |
|
But if the Recognizance taken for the good Behaviour,
be only quod bene
se gerat, &c. Quære how far these words will extend.
See 2 H. 7. 2. b. ' where
' the Justices held, That the good Behaviour might be forfeited by the
number
' of his people, and by the harness (or weapons) and the like, although
' they break not the peace, And they thought, that he which is bound to
' the good Behaviour, ought to carry and demean himself well in his aport,
' gesture and carriage, and in his company, not doing any thing which
' shall be cause of breach of the peace, or to put the people in fear,
dread,
' or trouble; and so shall be intended of all things which concern the
' peace; But not in misdoing other things, which touch not the peace.
' See hic postea.
|
|
|
§. 1.
Nature. |
Surety for the Good Behaviour. CHAP.
CXXIII. V. 74.
THis Surety for the good Behaviour, or good Abearing,
is granted
by the Justices of Peace, as well by the Authority of the Commission
of the peace by force of Assign. as also by force of the Statute
34 Ed. 3. cap. 1. |
P. Jac. 18. |
|
And this Surety for the good Behaviour is of great
affinity with that of
the peace, and is provided and ordained chiefly for the preservation of
the
peace (as that other is) as you may observe out of the usual Forms of the
Recognizances; yea by some Opinions it differeth little or nothing from
that of the peace; but that there is more difficulty in the performance
thereof; and the party so bound, may sooner fall into the danger of it,
and
of his Recognizance. For the peace (say they) is not broken without
an
affray committed, battery, assault, imprisoning, or extremity of menacing;
whereas the good Abearing may be broken, and the parties Recognizance
forfeited without any of these: as namely, |
|
§. 2.
Recognizance.
how |
1. By the extraordinary number of people attending
upon the party
bound. |
2 H. 7. 2. |
| broken. |
2. Or by his wearing of harness, or other
weapons more than usually
he hath done, or more then be meet for his degree. |
|
|
3. Or by using words or threatning, tending
or inciting to the breach
of the peac. |
P. R. 12. |
|
 |
