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Surety for the Good Behaviour.
such a value; and to bind the Sureties every one in such a Sum, and
the
party in such a sum; That he shall be of good Behaviour henceforwards
towards us and all our people, and shall attempt nothing contrary to the
said Statutes, &c. and therein I proceed as a Minister only. |
Chap. 124. |
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The party against whom such a Supplicavit for
the good Behaviour shall
be granted out, before he be attached thereupon, may go or send up, and
give Surety above in the Chancery, &c. (as here before, for the Peace)
and
thereupon he shall have a Supersedeas out of the Court directed
to the Justice
of Peace and Sheriff, and to every of them, commanding them to
surcease to arrest the said party, or to do any other execution of the
said
Writ of Supplicavit; and that if (before the coming of the said
Supersedeas)
they have taken any such security for the good Behaviour of the
party, that then they presently release the party of such surety found
by
him, the former Writ of Supplicavit notwithstanding.
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For what cause this Surety for the Good Behaviour shall be granted.
CHAP. CXXIV. V. 75.
1. IT is chiefly to be granted (by the Justices
of peace out of their
Sessions) in these cases following; viz. First, against common
Barreters, common Quarrellers, and common breakers or perturbers of
the Peace. See what Barreters be, tit. Barreters, before. |
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2. Also it is grantable against Rioters.
See hereof before, tit. Riots. |
P. Just. 18. |
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3. Also against such as shall lie in wait
to Rob, or shall be suspected to
lie in wait to Rob, or shall Assault, or attempt to Rob another, or
shall
put Passengers by the way in fear or peril. |
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4. Also against such as be generally feared
(or suspected to be Robbers)
by the High-way. |
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5. Also against such as are like to commit
Murder, Homicide, or other
Grievances to any of the Kings Subjects in their Bodies. |
Cro. 135. |
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6. Also against such as shall practise to
poyson another. |
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I lately granted the good Behaviour against one,
for that he had bought
Ratsbane, and mingled the same with Corn, and then wilfully and maliciously
did cast the same among his Neighbours Fowls, whereby most of his
Fowls died; and it was holden to be a good cause to bind the Offender
over, by the whole Bench: And since I have known it allowed as a
good
cause by the Judges of Assize. |
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7. The Justice of peace also upon his own
discretion (and without
complaint) may bind to the good Behaviour any other person which in his
presence or hearing shall misbehave himself in some outragious manner of
force or fraud, and may commit such person to the Gaol if he refuse to
be
bound. See Francis Bacon 11. |
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It is also grantable against such as be of evil
Name and Fame, generally,
but more especially against such as are defamed or detected in any of these
particulars following: |
P. Just. 18.
34 E. 3. c. 1. |
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1. First, against those that are greatly defamed
for resorting to houses
suspected to maintain Adultery, or Incontinency. |
13 H. 7. 10. |
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2. Also against the maintainers of Houses
commonly suspected to be
Houses of common Bawdery. |
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One that had such lewd Women found in his House,
was bound to his
good Behaviour, (by Wray, Anderson and Manwood) 28
El. |
Cromp.
140. |
