Chap. 124.
See Exod.
22.23. |
Surety for the Good Behaviour.
For if (as one saith) contempt, or contumely, used
to the person of a
mans better, neither Policy for Example, not Religion for peace, may tolerate,
much less may any use contempt towards, or abuse such as are in
authority, especially when they are in executing their Office. |
295
Words. |
|
Nay, it seemeth that he which shall use words of
contempt, or contra
bonos mores, against a Justice of peace, though it be not at
such time as he
is executing his Office, yet he shall be bound to his good behaviour.
See
Exod. 22.28. |
|
|
" But it was adjudged between Dean and Garret.
T. 41 El. That good
" behaviour is not requirable for unseemly words spoken of a Magistrate
" or Justice of peace, when he is not in the execution of his Office; and
" it was resolved in Sir William Brunckers Case, B. R. P. 23
Car. That a Justice
" of peace cannot commit one, until he find Sureties for the good Behaviour,
" unless the party be thereof convicted, or at least indicted, and
" it seems reasonable so to do, unless for any offence committed against
a
" Justice of peace personally: And so also it was adjudged M.
29 El. That
" to call a Mayor Fool, unless it be when he is in the execution of his
" Office, is not cause to imprison or bind to the good Behaviour, Mer.
" Rep. p. 247. |
|
| Co. 11. 98. |
If a Citizen or Freeman of a Town Corporate, shall
use words of contempt,
or contra bonos mores, against the chief Officer of the City or
Town,
or his Brethren, they are good causes to commit him to Prison, until
he
shall find Sureties for his good Behaviour; For Obedience and Reverence
ought to be yielded to the Magistrate for that they derive their Authority
from the King; and obedientia est legis essentia. |
|
|
Also he that shall abuse a Justice of peace his
Warrant may be bound to
the good Behaviour. See after, tit. Warrants. |
|
|
A man complaineth of a Riot, or Forcible Entry,
so that the Justices of
peace are assembled to inquire thereof, then the party that complained
will not prosecute the matter, it seemeth that the said Justices of peace
may bind him to the good Behaviour for thus deluding them. |
|
|
And so of such as shall charge another with Felony
before a Justice of
peace, and yet will not give evidence, &c. See before, tit.
Felony. |
|
Cromp.
134. |
A. is bound to keep the peace against B.
only, and getteth a Supersedeas,
and after B. releaseth him; after A. is arrested for
Surety of the peace at
another mans Suit, and sheweth his first Supersedeas, it seemeth
he shall be
bound to his good Behaviour for this deceit. |
|
|
Yet, whatsoever act or thing is of it self a misbehaviour,
or is against
the good Behaviour, is cause sufficient to bind such an Offender to the
good
Behaviour: For the Magistrate ought to maintain all civil honesty. |
|
|
Also by the express words of the Statutes, the Offenders
hereunder
named shall be bound to their good Behaviour. |
§. 4.
By Statute. |
|
1. Disturbers of Preachers. M.
3. P. 1. |
|
|
2. Destroyers of Fish-ponds, &c. or stealers
of Fish, after lawful conviction,
&c.) 5 Eliz. 21. P. Fish 7. |
|
| 5 Eliz. 21. |
3. Takers of Hawks or Hawks eggs, out of other
mens ground, after
lawful conviction, &c. P. Hawks 1. |
|
3 Jac. 13.
7 Jac. 13. |
4. Unlawful stealers, hunters, or killers
of any Deer or Conies in the
night or day-time, in any Park or Warren, after lawful conviction, &c.
See the Stat. 5 Eliz. cap. 21. |
|
|
But all these former Offenders must be bound at
the Sessions. |
|
|
5. Popish Recusants, absenting themselves
from Church twelve months,
shall be bound in the Kings Bench, 23 El. 1. P. Recusants 1. |
|
|
 |
