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Surety for the Good Behaviour.
6. He that is attainted of Felony, and hath
a pardon for the same, shall
within three months find Sureties for his good-Behaviour; but he shall
be
bound before the Sheriff and Coroners, who shall return the same into
the Chancery. |
Chap. 124.
10 E. 3. 3.
P. pardon
5. |
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Also he that is acquitted of Felony, if he be of
evil Fame, or of evil
Behaviour, it seemeth the Justices of peace upon their discretion, may
bind him to his good Behaviour, Cromp. 135. |
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7. Such persons as shall disturb the execution
of the Stat. 39 Eliz. 4
concerning the punishing, or conveying of Rogues; any two Justices of
peace may bind them to their good-Behaviour. See before tit. Rogues. |
39 Eliz. 4. |
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8. So of Such as shall disturb the execution
of the Statute for the relief,
setting on work, or setling the poor. See before tit. Poor. |
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9. The Mother of a Bastard-Child (which may
be chargeable to the
Parish) for her second offence shall be committed to the House of Correction,
there to remain, until she can put in security for her good-Behaviour,
&c. See before, tit. Bastardy. |
7 Jac. 4. |
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10. Such as have their Houses infected, or
be themselves infected with
the Plague, and being commanded to keep their Houses, shall disobey,
&c. they shall be bound to their good-Behaviour for one whole year.
See before, tit. Plague. |
1 Jac. 31. |
§. 5.
Forfeiture
of the Recognisance. |
What Act shall be a Forfeiture of the Recognisance
taken for the good-Behaviour.
See here before. |
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Also it seemeth, that the party bound to his good-Behaviour
for offending
against any the Statutes here before mentioned, if he shall afterwards
offend against ant the said Statutes, he shall thereby forfeit such his
Recognisance. |
Lamb. 121. |
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To be drunken, is a breach of the good-Behaviour,
as Sir Nicholas Hyde
did deliver it in his Charge at Cambridge, Lent Assize, Anno
tertio Caroli
Regis. |
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" One bound to the good-Behaviour at the prosecution
of Stamp, and
" he said to him Thou are a quarrelsome fellow, and a scurvey knave, and
" adjudged these words were no breach of the Recognisance; but to speak
" such words to an Officer in the execution of his Office, is a breach
of the
" good-Behaviour, for it may be an impediment and a disgrace to him in
" the execution of his Office. And to say of a Merchant that he is
a Bankrupt,
" is no breach of such a Recognisance. So one said of a Mayor playing
" at Tables, he is a fool, this is no cause to imprison a man; but if he
" were in the execution of his Office it is otherwise, Stamps case H.
20 Jac.
" B. R. Roll. Rep. part 2. p. 272. & fo.
200. |
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" A Trespass done, and indictment and conviction
for the same, quod vi
" & armis clausum fregit & averiam cepit & abduxit &
adhuc detinet, is not
" a breach of the good-Behaviour, So likewise, for saying of another he
" is a Pelter, a Lyer, a Drunkard, and I will make him a poor Kirton by
" three Justices, for they are now words which menace Battery, and he
" ought to do such act as imports an intention to do violence to his body;
" as to say, I will meet with thee. |
Moors
Rep. p.
249. |
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The form of a Warrant for the good-Behaviour.
Vide postea, titulo
Warrants. |
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The form of the Recognisance for the good-Behaviour.
See after, tit.
Recognisance. |
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§. 6.
Release. |
Whether the Surety of the good-Behaviour (taken
upon complaint)
may be released by any special person, some do doubt, because it seemeth
more popular than the Surety of Peace; yet others do hold, that it may
be released, either by the Justice of pace himself that took it, in discretion, |
Lamb. 126. |
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