| Chap. 123. |
Surety for the Good Behaviour.
4. Or by doing any other thing which shall
tend to the breach of the
peace, or to put the people in dread or fear, although there be no actual
breach of the peace. |
291 |
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Yet note, These four last matters, as they are the
breaches of the good
abearing, so are they also cause to bind a Man to the peace; year, they
are
breaches of the peace, and a forfeiture of the Recognizance for the peace.
Vide tit. Surety for the Peace. |
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The Book of 2 H. 7. fol. 2. before
recited, concludeth, That the Justices
were not all certainly advised how those words, de se bene gerendo,
should be
taken. Mr. Br. abridging thereof, tit. Surety 12 saith,
that it was holden
That he who is bound to the peace, ought to demean himself well in his
Port, (sc. Behaviour) and company, not doing any thing that may
be the
cause of the breach of the peace, or to put the people in fear or trouble;
yet the Book seems to mean this of the good Behaviour. See Fitz.
Surety 21. |
§. 3.
Peace and
good Behaviour,
how
they differ. |
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But though this extraordinary number of attendants,
and wearing of
harness, &c. are breaches as well of the peace, as of the good
Behaviour;
yet it may seem, that this for the good Behaviour, doth include the Peace,
and besides importeth some greater or other matters of misbehaviour, and
for which the Surety of the peace is not to be granted, (although they
also
are against the peace and quiet or good government of the Land) and you
shall find that this Surety of the good Behaviour is grantable in divers
other cases, in which the Surety of the peace is not grantable. |
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The Surety of the good Behaviour is to be granted
at the suit of divers
and those being Men of credit, and to provide for the safety of many,
whereas the Surety of the peace is usually granted at the request of one;
and for the preservation of the peace chiefly towards one. |
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Also this Surety of good Abearing, is most commonly
granted either in
open Sessions of the peace; or out of the Sessions, by two or three Justices
of peace; whereas that of the peace is usually granted by one Justice of
peace, and out of Sessions. |
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14 H. 7. 8.
Lamb. 123. |
And yet by the words of the Commission, as also
by the common opinion
of the learned, as one Justice of peace alone, and out of the Sessions
may
grant this Surety of the good Abearing (and that either by their own discretion,
or upon the complaint of others) as they may that of the peace. |
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But this is not usual, unless it be to prevent some
great and sudden danger;
(especially against a Man that is of any good Estate, Carriage or
Report. |
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Also this surety may be granted at the suit of some
one person. |
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But the more difficult and dangerous this surety
is to the party bound,
the more regard there ought to be taken in granting of it: and therefore,
it shall be good discretion in the Justices of peace, that they do not
command, or grant it, but either upon sufficient cause seen to themselves;
or upon the suit and complaint of divers others (as aforesaid) and the
same very honest and credible persons. |
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Also this surety of good Abearing, is often taken
by the Justice of
peace, by virtue of a special Writ in the nature of a Supplicavit,
directed
out of the Chancery or Kings Bench; and then the Justice of peace upon
such a Writ is to proceed as a Minister, (as in case for the peace, mutatis
mutandis.) See before tit. Surety for the Peace, and Supplicavit. |
§. 4.
By Supplicavit. |
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I one received out of the Chancery such a Writ directed
to the Justices
of the peace in teh County of Cambridge, and to the Sheriff of the
said
County: and to every of them (and grounded upon the Stat. 34. Edw.
3.)
commanding us, and every of us, to take four sureties (besides the party)
whereof every one should have Lands of such a yearly value, or Goods of |
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C c 2
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