Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	county_n	justice_n	session_n	5,221	5	10.3826	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26015	The law of obligations and conditions, or, An accurate treatise, wherein is contained the whole learning of the law concerning bills, bonds, conditions, statutes, recognizances, and defeasances ... : to which is added a table of references to all the declarations and pleadings upon bonds, &c. now extant : also another table to the forms of special conditions which lie scattered in our president [sic] books ... : with an index of the principal matters therein contained / by T.A. of Grays-Inn, Esq.	Ashe, Thomas, fl. 1600-1618.	1693 (1693)	Wing A3972; ESTC R9431	276,581	591

Session pacis in Comit● praedict tenend ad stand ●ct in Curia siquis versus cum loqui voluerit de diversis feloniis transgressionibus unde idem R. B. judicatus existit ut dicitur ad respondend dicto Domino Regi de iisdem prout debet dat c. Recognisance of Bail Kanc. ss Memorandum Quo ●quinto die A. D. de c. G. H. de c. J. K. de c. personaliter venerunt coram nobis C. D. E. F. Justiciar dicti Dom. Regis ad pacem suam in Com. suo praedict conservand assignat● recogneverunt se deber● eidem Dom. Regi modo forma sequen viz. praedict A. B. 20 l. legalis c. uterque praedictorum G. J. 10 l. confi●lis ●nita de seperalibus bonis catalli● terris tenementis s● seperalis fieri le vari ad opus usum dicti Dom. Regis hared successor suorum si defult fieret in performatione conditionis indors Condition for appearance for Felony or suspicion of Felony The Condition of the Recognizance is such That if the within bound A. B. do personally appear before his Majesties Justices of Gaol-delivery at the next general Gaol-delivery to be holden for the within named County of Kent then and there to answer to our Sovereign Lord the KING for and concerning the felonibus taking and stealing of c. or for suspicion of his felonious taking c. wherewithal he standeth charged before c. and to do and receive c. and do not depart the said Court without licence for the same then c. If it be to appear at Sessions say Do personally appear before his Majesties Justices assigned to keep his Peace in the within named County of K. at the next General Sessions of the Peace to be holden for the said County of T. in the County aforesaid then and there to answer c. If the Party th● is bound to appear on Surety for the Peace be so sick that he cannot appear the Justices in their discretion have forborn to certifie or record such Forfeiture or Default and that they have taken Sureties for the Peace of some Friends of his present in the Court till the next Sessions If the Husband be bound that he and his Wife shall appear at such a Sessions and that they shall keep the Peace in the mean time c. and at the day the Husband appears alone Qu. if the Recognizance be forfeited A Supplicavit out of Chancery directed to the Sheriff and Justices to bind F. and two others to the Good Behaviour the Sheriff returns that the two non sunt inventi and quoad F. that such a Recognizance was taken before the Justices and that he had broken the Good Behaviour and F. pleaded to Issue in Chancery the Record being sent into the Kings Bench per manus Dom. Cancellaris thereupon a Writ of Nisi Prius issued and found for the Defendant this Recognizance was not well certified into the Chancery for they who take the Recognizance ought to certifie it Cro. Jac. 669. Ford against the King If a Man find Sureties for the Peace before the Justices of the Peace in the County yet if the same Party come in B. R. and there make Oath that he was afraid he shall be hurt by the said Party he may have surety of the Peace there against the Party and a Supersedas to the Justices to discharge the Bond taken before them for the Peace and Behaviour Moor n. 126. Upon motion on Affidavit that he was bound to the Peace for Malice his Recognizance was discharged Stiles p. 364 Sir Tho. Revels Case It s the Course of the Court when any are bou●d over to appear in B. R. and in the mean time to keep the Peace or be of Good Behaviour the Cause is to be exprest in the Recognizance also when ever the Court binds any Man to the Peace or Good Behaviour it s always for a year 1 Keble Hill 16 and 17 Car. 2. B. R. Sandford versus Atkinson What is or amounts to a Breach or Forfeiture THE Surety of the Peace is not broken without Affray made or Battery bujusmodi 2 H. 7.2 b. Words which threaten a Battery of the Body may forfeit a Recognizance but not to call one Lyar Drunkard and to say I will make him a poor Kirton Moor n. 378. If he threaten to beat him to his Face it s a Forfeiture or if he threaten in his absence and afterwards lies in wait to beat him Keb. Inst 615. If he that is bound do but command or procure another to break the Peace upon any Man or to do any other unlawful Act against the Peace if it be done it s a Forfeiture of his Recognizance 7 H. 7.34 a. There is a Surety of the Peace and a Surety of the Good Behaviour the Surety of the Peace cannot be broken without some Act as an Affray or Battery or the like but the Surety de bono gestu consisteth chiefly in doing nothing that may be cause of the Breach of the Peace the word Lyar Drunkard c. are not Breaches nor entring his Close nor taking Goods What is a Breach of the Peace is a Breach of the Behaviour riding with War-like Weapons but that is not Law now or in Company with riotous Malefactors Cro. El. 86. k. 4 Inst 180 181. Kings Case In Sc. Fac. upon a Recognizance for the Good Behaviour taken in the Crown Office the Breach is assigned because he assaulted land b●t ●ne on the Way and he saith not vi a● and for this Cause after Verdict Judgment was stayeth Cro. Jac. 412. The King and Hutchings Scire Facias upon a Recognizance of the Good Behaviour Breach assigned was That he said to a Constable in executing his Office thou art a lying Rascal and to a Woman that she was a Whore and a Jade c. The Defendant pleaded not guilty and found for the Defendant though the manner of speaking may be good cause in discretion to bind one to his Good Behaviour yet one being bound words only which tend not to the Breach of Peace terrifying others or to sedition c. shall not be sufficient cause of Forfeiture Nota In this Case the Witnesses in the behalf of the King did not prove that these words were i● disturbance of the Execution of his Office Cro. Car. 498. The King versus Hayward Farther Considerations of Bonds in respect of Assignment Statute of Bankrupt and Forgery c. Assignments of Obligations Vide Creditors as to Statute of Bankrupcy IF a Man assign an Obligation to another for a precedent Debt due by him to the Assignee that is not Maintenance but if he assign it for a Consideration then given by way of Contract this is Maintenance Noy 53. Harvey versus ●man Alit in Case of the King 3 Lion 234. Scoth and Marsh Upon the Statute of 33 H. 8. cap. 39. the Case

end or determination of his Apprentiship The Apprentice serves six years and dies Per Cur. The Obligation is discharged and the Mony shall not be paid 1 Brownl 97. Cheyny and Sell Cro. Eliz. p. 723. Cardinal and Hesket About embezelling Bo●ds for the Good Behaviour THE Condition of this Recognisance standeth upon two Points 1. For appearance at the time 2. For keeping the Peace in the mean while The Form of the Recognisance for the Good Behavior Mem. quod quinto die mensit c. Anno Regni c. venit coram me A. B. Ar ' uno Justiciatiorum Domini Regis ad pacem nunc c. R. C. de c. in propria persona sua assumpsit pro scipso sub poena 200 l. H. C. de L. c. J. S. de c. tunc ibid. in propriis personis suis similiter vener manuceper pro praedict R. G. viz. quilibet eorum separatim sub poena 100 l. quod idem R. G. personaliter comparibit coram Justiciarii● dicti Domini Regis ad pacem c. ad proximam generalem S●sionem c. quod ipsa interim se bene geret ●a Dominum Regem cunctum populum suum praecipue erga J. B. de C. c. Et quod ipse non inferret nec inferri procurabit per se nec per ali● d● aliquod seu gravamen praefat J. B. seu alicui de populo ipsius Domini Regis de corporibus suis per insidias insultus seu aliquo alio modo quod in laes●onem seu perturbationem pacis dicti Domini Regis cedere valeat quovismodo quas quidem separales summas 100 l. uterque praedictorum H. C. J. S. ut praedicitur pro se a● praedict R. G. dictas 200 l. recognoverunt se debere dicto Domino Regi de terri● tenementis bonis catallis suis quor umlibet cujuslibet eorum ad opus ipsius Domini Regis fieri levari Si contingat praefatum R. G. in aliquo praemissorum deficere inde legitimo modo convinci c. In cujus rei Testimonium ego praedict A. B. sigillum meum imposui dat c. Dalton 3●0 c. 123. Kilby's Presid 191. is more full but to the same purpose And this may be done also by a single Recognisance in Latin with a Condition added or endorsed in English for the keeping of the Peace or for the day and place of appearance at the Quarter Sessions or in Latin The Obligation shall be made in the Kings Name by the words Domino Regi per Stat. 33 H. 8.39 sect 52. And such Bonds shall be of the Nature of a Statute Staple Per Stat. 3 H. 7.1 Every Recognisance taken for the Peace shall be certified at the next Sessions of the Peace that the Party thereupon may be called and his Default if any happen may be recorded The Justice of Peace must send or bring it in at the next Sessions to the Custos Rotulorum whether the Recognisance were taken by his own discretion or at the suit and desire of another Altho the Party that prayed the Peace do not then appear at the Sessions yet the default of the Recognisor is not thereby discharged and the Justices may then of discretion bind him over again If the Recognisance be versus cunctum populum praecipu● versus A. A. may release it either before the same Justice or any other that will certifie the Release which Certificate being of Record will discharge it but to release it by his Deed is nothing worth But the Recognisance may not be cancelled lest perhaps the Peace was broken and consequently the Recognisance forfeited before the Release Therefore it will be best in such Cases to send to the Sessions the Recognisance and the Release together and that may be done in a few Lines under the Recognisance it self as Memorandum Quod primo die c. praefatus C. D. venit coram me S. L. gratis remisit relaxavit quantum in se est praedictam securitatem pacis per ipsum coram me versus supranominatum A. B. petitam In cujus rei testimon●um Igo praefat S. L. c. dat c. If a Man be bound to the Peace and to appear at next Quarter Sessions and do afterwards procure a Supersedeas out of Chancery testifying that he hath found Surety there against all the Kings People for ever this will discharge his appearance at the Sessions And it is best for the Justice of Peace to send in as well the Recognisance as Supersedeas for perhaps the Recognisance was broken before the Supersedeas purchased The death of the King dischargeth the Recognisance of the Peace so doth the death of the Recognisor so doth the death of him at whose Suit it was taken But though the Sureties die the Recognisance standeth for if the Peace be broken after death their Executors shall be charged with it In the Release of Surety of the Peace these words are Securitatem pacis but for the good Behavior Securitatem de se bene gerendo The Informer against a Prisoner for Felony may be thus bound in a single Recognisance Kanc. ss Memorand ' Quod tertio die Apr. Anno c. D. E. de B. c. personaliter coram me T. S. uno Justiciariorum c. ad pacem c. assignator ' constitutus apud B. praedict recognovit se debere dicto Domino Regi 10 l. bonae c. de bonis catallis terris tenementis suis fieri levari ad opus dicti Domini Regis Herod Successorum suorum si defecerit in conditione indorsata The Condition of this Recognisance i● such whereas one A. B. late of G. Labourer was this present day brought before the said Justice by the above bounden D. E. and was by him charged with the felonious taking of 20 Sheep of him the said D. and thereupon was sent by the said Justice to the Kings Majesty's Gaol If therefore he the said D. shall and will at the next general Goal delivery to be holden in the said County prefer or cause to be framed and preferred one Bill of Indictment of the said ●elony against the said A. B. and shall and will then also give Evidence there concerning the same as well to the Jurors that shall then enquire of the said Felony as also to them that shall pass upon the Tryal of the said A. B. that then c. A Recognisance to appear and answer for Felony Memorandum Quod vicesimo die c. R. C. de I. Gen. E. C. de c. J. B. de c. venerunt cora● me J. H. Armig. uno Justiciariorum dicti Domini Regis ad pacem in Comitat. praedict conser●nd assignat man●osperunt pro R. B. de c. viz. Quilibet eorum corpus pro corpore quod idem B. R. personaliter comparebit coram praefat Justiciariis sociis ad prox general

taken in Execution H. the other Bail gave him Security for the Mony and in consideration thereof the Plaintiff promised H. that he might take out Execution against the other Defendant and that he would not release him without the consent of H. whereupon H. procured him to be taken in Execution and he then moved the Plaintiff to discharge him who acquainted him with the promise made to H. at supra thereupon the Defendant made him this Bond and conditioned prout so he discharged him and H. brought an Action upon the Promise and recovered 150 l. damage and so damnificat the Defendant demurred Judgment pro Quer. this is a Breach for by the word damages is not only intended damages which arise directly by the Release but to any other collateral Act dehors as is this promise Hob. p. 269. Wilden and Wilkinson 1 Rolls Abr. 431. id Case vid. 1 Rolls Abr. 422. id Case Condition is to perform an Award which was That the Obligee staret acquietatus de qualibet materia contained in a Bill in Chancery which the Obligor had depending against him and that the said Suit shall cease and after the Obligor exhibits a new Bill in Chancery against the Obligee for the same matter and in the end of the Bill prays Process but never takes out Process thereon against him this is not any such molestation as shall be a forfeiture of the Condition for he is not at any damage by this P. 12 Jac. 1 Rolls Abr. 432. Freeman and She●n A. and B. are bound in an Obligation to perform certain Covenants contained in an Indenture and one is to pay Mony and C. covenants with A. and B. to save them harmless of all things contained in the same Indenture and after the Mony is not paid according to the Indenture by which the Obligation is forfeited yet C. is not bound to save them harmless of the Obligation for this is a collateral thing to the Indenture M. 5 Jac. 1 Rolls Abr. 432. Scot and Pope versus Griffin A Condition recites That the Plaintiff at the request of the Testator was bound in 2000 l. to the Commissioners of the Excise and if the Testator acquit and discharge or sufficiently save harmless from all Suits Troubles c. concerning the said Bond then c. the Defendant saith there were no Suits the Plaintiff replies there was a So. Fac. out of the Exchequer and he was forced to retain an Attorny and give him 3 s. 4 d. the Defendant demurs because no notice of the Suit is given to the Defendant per Cur. there needs no notice 2 Keb. 529 609 642. King and Atkins Cro. El. 613. Fox and Wright The Defendant is Security to the Plaintiff for payment of Mony as separate Maintenance to Williamsons Wife the Breach assigned is that Williamson brought an Action sur Case against the Plaintiff on his promise to pay so much if the Defendant now who was then Plaintiff would remit the rest It s a Cheat and the Defendant i● not bound to secure the Plaintiff 2 Keble p. 106. Campian versus Skipwith Counter-bond writ in a Book and good Cro. El. p. 613. Fox and Wright If the Condition be to save harmless from such a thing this doth not extend to Actions in which he might have lawful defence without the Obligor 2 H. 4.9 A Condition to save harmless from J. S. if J. S. after saith to him that if he will go to his House he will beat him by which menace he dares not go to his House about his Business the Obligation is forfeited 18 Ed. 4.28 To plead he had saved the Plaintiff harmless and not to shew how is ill Stiles p. 219. Shertliff vers Timberly Allen 72. Ellis and Box. If it be that from time to time he hath saved him harmless it s well enough Stiles p. 353. M. 1652. Bond and Martin But in Condition to save harmless from Escapes the Defendant pleads he had saved harmless but saith not how and the Plaintiff demurs generally Per Cur. its ill on special demurrer but aided by general demurrer 2 Keble 629. Henshaw and Warren 3 Keble 198. Fletcher and White To discharge and save harmless Qu. if any difference on Mansers Case 1 Keble 379. Morgan and Thomas In such Cases the Plaintiff ought to plead non damnificat for that he hath saved him harmless doth imply he was damnified Ibid. A Condition was to save the Obligee harmless of a Nomine poenae against M. To plead he had saved him harmless and not to shew how is not good had he pleaded non damnificatus in the negative it had been good Winch. p. 9. A Condition to keep a Parish harmless from a B●stard Child the Defendant pleads he had saved the Parish harmless but shews not how the Plaintiff replied That the Parish was warned before the Justices of the Peace at the Sessions and was there ordered by Record to pay so much for the keeping of the Child the Defendant pleads nul tiel Record the Plaintiff demure 1. The Plea of nul tiel Record is a good Plea because an Order of Sessions of Peace is a Record 2. Judgment pro Quer. because the Defendants Bar is ill in that he hath pleaded in the affirmative and shews not how Non damnificatus had been good and it is not helped by demurrer it being matter of substance March 121. n. 200. Anonymus A Condition to save harmless from all Obligations which he had entred into for him the Defendant pleads quod exoneravit indemp●em conservavit from all the Obligations and shewn not from what and yet good because there might be many and so to avoid perplexity of pleading and because he pleaded not qu●modo exoneravit but generally the Plea was ill Cro. El. p. 916. Braban and Bacon A Condition to save the Parish harmless of a Bastard Child vide the Form the Defendant pleads non damnificatus the Plaintiff replies That the Defendant nor any other for the space of a month provided for the Child wherefore the Parish paid 40 s. for its Maintenance the Defendant rejoins he offered to maintain the Child at his own Charge and the Parish refused to permit him Et hoc paratus c. this rejoinder is ill because it is a departure 〈◊〉 he ought to have pleaded this first in his Plea 2 Sander … 〈◊〉 Siderfin p. 444. 2 Keble 219. Mod. Rep. 45. Richards and Hodges Counter-Bonds Sureties IF the Condition be to discharge another against J. S. of an Obligation wherein he is bound he ought to discharge him of the Obligation by Release or otherwise and it is not sufficient to save him harmless 22 Ed. 4.40 b. The Defendant pleads non damnificatus the Plaintiff replies the Mony was not paid at the da● per quod the Plaintiff became on●rabilis and d … st not go about his Affairs the Defendant rejoins that the Mony was tendered and refused absque hoc that the Plaintiff was