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Conditions of Recognizances.
Also note that the Recognizance runneth, De terris
& tenementis, bonis
& catallis, &c. fieri & levari, &c. And yet the
King may be at his
election, to take the Execution of the Bodies of the Recognizors (as well
of the Principal as of the Sureties) or of their Lands and Chattels, (for
the Sum in the Recognizance contained) Per Curiam 7 Hen. 4.
34. a. Vide
antea tit. Surety for the Peace. |
Chap. 176. |
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And it seemeth by the Common Law, before the Statute
of 33 H. 8.
39. in all cases where a Man is a Debtor to the King, as well his Body
as his Lands and Goods are liable to the Kings Execution: For Thesaurus
Regis est Pacis vinculum, & Bellorum nervi: And therefore
the Law
doth give to the King full remedy for it. See Coke 3. 12.
b. & Coke 11.
93. a.
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Cantab. |
A Recognizance to give in Evidence against a Prisoner.
MEmorandum, quod 20 die Martij, anno
Regni Dom' nostri Caroli,
Dei gratia, Angliæ Scotiæ, Franciæ & Hiberniæ
Regis, Fidei Defens.
decimo, &c. R. T. de C. in Com' pred' Yeoman, venit
coram me Ro. Th.
Armig' uno Justic' dict' Dom' Reg' ad Pacem in Com' predict' conservand'
assignas' & cognovit se debere dicto Domino Regi quinq; libr' legalis
monetæ
Angliæ, sub conditione, quod si ipse personaliter comparebit
coram Just' dicti
Dom' Regis ad prox' generalem Gaolæ delib' in Com' pred' tenend'
adtunc
& ibid' oftendend' in Evidenc' serund' form' Stat' vers. D. F.
nuper de
W. in Com' pred' qui modo attach' & suspect' Feloniæ Gaolæ
dicti Dom' Regis
Com' pred' commissus existit; quod tunc, &c. alioquin, &c.
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Or this may be done by a single Recognizance, with a Condition
endorsed,
as followeth.
A Condition to prefer a Bill of Indictment, and to give in Evidence
against a Prisoner.
THE Condition of this Recognizance is such; That
whereas one A. B.
of G. Labourer, was this present day brought before the said
Justice
by the within bounden D. E. and was by him charged with the Felonious
taking of twenty Sheep of the Goods of him the said D. and thereupon
was sent by the said Justice to the Kings Majesties Gaol: If therefore
he
the said D. E. shall and do at the next general Gaol-delivery (to
be holden
in the said County) prefer, or cause to be framed and preferred,
one Bill of Indictment of the said Felony against the said A. B. and
shall
then also give Evidence there concerning the same, as well to the Jurors
that shall then inquire of the said Felony, as also to them that shall
pass
upon the Trial of the said A. B. that then, &c. or else to stand
in full
force for the King.
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Or thus, to give in Evidence.
THE Condition of, &c. That if the above-bounden
D. E. do at the
next general Sessions, &c. pursue and give such Evidence as he knoweth,
against A. B. now Prisoner in the Castle of C. concerning
certain Felonious
Acts by him committed: then, &c. |
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