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§. 2.
Libels. |
Surety for the Good Behaviour.
Libellers (it seemeth) also may be bound to their
Good Behaviour, as
disturbers of the Peace, whether they be the contrivers, the procurers
or
the publishers of the Libel: for such libelling and defamation tendeth
to
the raising of Quarrels and effusion of Blood, and are especial means and
occasions tending, and inciting greatly to the breach of the Peace. |
Chap. 124.
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Libellus, literally signifieth a little Book. |
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By use it hath also two other significations:
First, it signifieth the original
Declaration of any Action in the Civil Law. |
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Secondly, it signifieth a criminous report of any
person, cast abroad, or
otherwise unlawfully punished, and is called an infamous Libel. |
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Another describeth it thus, Famosus libellus
est qui impingit delictum aliquod
notabile. |
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And yet his libelling may be done after divers sorts
or manners. |
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1. By scandalous writings, be it in book,
ballad, epigram or rhyme, either
in metre or prose as aforesaid. |
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2. By scandalous words, scoffs, jests, taunts
or songs maliciously repeated
or sung in the presence of others. |
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3. By pictures or signs, as by hanging of
pictures of reproach, or signs
or tokens of shame, or disgrace near the place where the party thereby
traduced, doth most converse: As the pictures of the Gallows, Pillory,
Cucking-stool, Horns, or such like. Co. 5. fol. 125. |
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And in such cases it is not material whether the
Libel be true or false, or
the party thereby scandalized, be living or dead, or be of good name
or evil. |
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And these libellers, as also their procurers, and
the publishers thereof,
may be punished in divers other manners. |
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1. Either they may be indicted for the same. |
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2. Or the party grieved may have his Action
upon the Case, and recover
his damages, Lib. intr. fol. 13. Mes cest semble quand
les parols sont actionable. |
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If therefore any Man shall find a Libel, and would
keep himself out of
danger; if it be made against a private Man, the finder may either burn
the
same, or else he must presently deliver the same to some Magistrate. |
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But if it concerns, or be made against a Magistrate,
or other publick
person, the finder ought presently to deliver the same to some Magistrate,
to the intent that by the examination and industry of such Magistrate,
the
Author may be found out. |
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§. 3.
Causes. |
Also this surety of the Good-behaviour, is used
to be granted against the
putative Father of a Bastard-child. See tit. Bastardy. |
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It seemeth also grantable against unlawful Hunters
in Parks, after their
examination taken, See before tit. Hunting. |
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Also it shall be granted against him that shall
abuse a Justice of Peace,
Constable, or other Officer of the peace in executing their office. |
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A. assaulted a Constable in doing his office,
it is a good cause to bind A.
to the Good-Behavior. Fitz. Barr. 202. Cromp. 135. |
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The Sheriffs Bailiff, upon a Warrant from the Sheriff
(to make execution
of the Goods of A.) went into the House of A. finding him
as a Prisoner in
his House, and Sir Robert Houghton, one of the Judges of the Kings
Bench,
thought it a good cause to grant out process of the Good-behaviour against
A. for thus abusing an Officer of the Law, Anno 17 Jacobi
Regis. |
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A Justice of Peace seeth a Man break the peace,
(sc. make an assault, or
affray upon A.) and he chargeth him to keep the peace, and the other
answereth that he will not, the Justice of Peace may bind him to the Good-behaviour. |
9 E. 4. 3. |
