MTUI.M I 



I 



PEACE. 





consequent or drprmlrut ii|>uii Ui foreseen fall of iiuin, 

 which itself (on the contrary) took place in consequence uf a divine 



in no 



The other party were called Ii<fralapiaria*t. They considered the 

 decrees of Ood for fixing the eternal state of man an equally eternal 

 ami unchangeable, but they maintained that Ood did nut create man 

 in order that he might fall, but left him free to net for himself ; and, 

 though foreseeing that he would fall, did not interfere to prevent him, 

 Init decreed that the consequence* of this foreseen fall should rofult 

 in increased glory to himself, and the eternal happiness of the greater 

 part of men. 



Tin- synod of Dort adopted the views of the Infralapsarians. 

 Modem Calvinisms generally, go no farther than Infralapsarianism, 

 and often not so far. 



sri'liKMACY U a term used to designate supreme ecclesiastical 

 authority ; and is either papal or regal. Papal supremacy is the autho- 

 rity, legislative, judicial, and executive, exercised until nearly the 

 middte of the lth century by the pope over the churches of England, 

 Scotland, and Ireland, as branches and integral parts of the Western 

 or Latin church, anil which continues to be exercised de facto over 

 rii.-n uf the inhabitants of those countries who are in com- 

 munion with the church of Rome. The extent of the legislative 

 authority of the pope was never exactly defined. Whilst it was 

 regarded as nearly absolute at Rome and at Madrid, it was, at Venice, 

 and still more at Paris, sought to be reduced within very narrow 

 limit-. 



The papal supremacy was abolished by the legislatures of the three 

 kingdoms in the 16th century. In order to ensure acquiescence in 

 that abolition, particularly on the part of persons holding offices in 

 England and Ireland, an oath has been required to be taken, which is 

 generally called the oath of supremacy, a designation calculated to 

 mislead, it being in fact an oath of non-supremacy rather than of 

 supremacy ; since, though in its second branch it negatives the supre- 

 macy of toe pope, it is silent as to any supremacy in the crown. This 

 oath was therefore taken without scruple by persons who were not 

 Roman Catholics, whether members of the Anglican church or not. 

 Roman Catholics might take an oath in which the rtYiY and t 

 authority of the pope were abjured. By the 21 & 22 Viet. c. 48 (1868), 

 the oath was abolished, and another substituted which only pledges 

 the person taking it to temporal allegiance to the sovereign, and repu- 

 diates the jurisdiction of any foreign power, spiritual or temporal, of 

 whatever nature it may be. 



Regal supremacy is not legislative, but judicial and executive only. 

 Henry VIII. was h'rst acknowledged as supreme head of the church 

 by the clergy in 1528. This supremacy was confirmed by parliament 

 iii l.'.:I4, when, by the statute of 26 Henry VIII., c. i., it was enacted 

 that " the king our sovereign lord, his heirs and successors, kings of 

 thin realm, shall be taken, accepted, and reputed the only supreme 

 head in earth cf the Church of England, and shall have and enjoy, 

 annexed to the imperial crown of this realm, as well the style and title 

 thereof, as all honours, dignities, pre-eminencies, jurisdictions, privi- 

 leges, authorities, immunities, profits, and commodities, to the said 

 dignity of supreme head of the same church belonging and appci tain- 

 ing ; and shall have power from time to time to visit, repress, redress, 

 reform, order, correct, restrain, and amend all such errors, heresies, 

 abuses, offences, contempts, and enormities, whatsoever they be, whjch, 

 by any manner of spiritual authority or jurisdiction, may lawfully 

 be reformed, repressed, ordered, redressed, corrected, restrained, or 

 amrmlud, most to the pleasure of Almighty God, the increase of virtue 

 in Christ's religion, and for th conservation of the peace, unity, and 

 tranquillity ~bf this realm; any usage, custom, foreign laws, foreign 

 authority, prescription, or any other thing to the contrary notwith- 

 Btand 



l"i:i>. This word has been used to signify an IRRATIONAL arith- 

 metical or algebraical quantity since the time of the introduction of 

 pe ; though why any term formed from surdtu was 

 used in such a sense is not known ; perphaps it was the supposed 

 translation of an Arabic term. In the article just cited we have said 

 as much as is necessary on the subject. We will only add that the 

 second volume of Coenali's ' History of Algebra ' contains an account of 

 nth book of Euclid, with reference to the use made of it by the 

 earlier algebraists. 



SUMMTES. [DEArsrag.] 



Kt'RKT Y. A surety is one who undertakes to be answerable for 

 another, who is called his principal. Such undertaking must be in 

 writing, and it may be either by bond or by simple writing. A con- 

 tract in not binding in law, unless made upon some sufficient considera- 

 tion ; but in the case of a bond this consideration is inferred from i i.e 

 ciraimctanoss of deliberation incident to its execution as a deed. 

 When the undertaking is not by bond, it is necessary that the con- 

 sideration should b capable of proof, and that thu instrument should 

 be signed by the party who becomes the surety. The instrument 

 however may consitt of several writings, if they are so connected by 

 reference to scab other that they oan he considered as incorporated. 

 The instrument by which the surety becomes boun.l. when it has 

 reference to civil matters, is generally celled a guarantee, and ordinarily 

 consists of an undertaking to become answerable for the payment of 

 goods furnished to the principal, or for his integrity, skill, at* 



and other like matters. In such cases the consideration would pro 

 the fin-nulling of the goods to the priuci| uploy 



inent by the party guaranteed. In the constm urantees the 



same rule of law prevails as in the case of all wriitm in>ti uments, 

 that they shall be undurstood in the sense most unfavourable to tbe 

 !' .iriy making them which the words will reasonably bear. Tin- appli- 

 f the rule i very frequent in cases of guarantee- where tin- 

 question arises whether or not the guarantee is what is called a con- 

 tinuing guarantee. Thus where the surety undertakes to be vi- 

 able to the amount of 100/. for goods supplied to his princijial. thin 

 may mean that he will be answerable for the first Ion/. v.,.nh, an.l 

 cease to be answerable for any goods supplied afterwards ; , i.iK.n h.- 

 will continue to be answerable to the amount of 1007. for any indi-iinhe 

 period during which goods may be supplied, although the pi -im i|l 

 has paid for the first 1 OCX. worth. The latter kind of gnar.ir 

 called a continuing guarantee. Observations of a similar character 

 may be made as to the application of payments by the principal. 



The circumstances connected with the relative p...-iti,.n ,.i tin- 

 guaranteed and the principal are considered as embodied in t! 

 tract between the guaranteed and i . and as forming i 



that upon which the undertaking of the latter is founded. If, linn-- 

 fore, these are substantially varied, BO a e the risk of tin- 

 guaranteed, or to destroy or suspend his remedy against the prii 

 the surety is thereby discharged. Thus, if the guaranteed has, 

 time the guarantee is given, a lien up. ] properly <>i' the principal in 

 his hands, which he afterwards parts with ; or if he extends tin 

 of credit, or after commencing an action .-y.jainst the princip;,: 

 him time, the surety will be released. But the variation of c i 

 stances must be substantial ; a change which does not operate- 

 to increase the risk or lessen the remedy will not have such an 

 Neither can the surety discharge himself by a mere request or caution 

 to the guaranteed to abstain from trusting the principal, or to watch 

 his acts, &c. Nevertheless it is the duty, and perhaps an implied 

 undertaking, on the part of the guaranteed, against the consequences of 

 the neglect of which a court of equity might relieve the surety, to 

 employ a reasonable degree of prudence and attention in intrusting 

 his goods, or inspecting and checking the accounts of his clerks or 

 servants. The surety is entitled to the benefit of all the securities 

 which the guaranteed has against the principal. 



With respect to the rights of the surety against the principal, Mr. 

 Justice Buller has distinctly laid down the law, " \\ln-ivver a 

 gives a security by way of indemnity for another, and pays the 1 1 

 the law raises an assumpsit," that is, implies a promise on the p.-u i . -i 

 the principal to repay to the surety all the money that he has cxp. -mled 

 on his behalf, and this money may be recovered in an action a 

 the principal for money paid to his use. But in no case is the surety 

 entitled to more than an indemnity from his princi]>al. Thus, if the 

 guaranteed is content with a less sum from the, surety, instead of 

 exacting the full amount for which he is liable, the principal will be 

 bound to repay to the surety the less sum only. If the surety has 

 himself taken a bond or other security from the principal, he relin- 

 quishes his right to bring an action upon the promise implied in law, 

 ami must have recourse to an action upon his security. 



Where more persons than one become sureties for the same principal, 

 they are called co-sureties. If one of these has paid the whole of the 

 delit due from the principal, he may recover in an action of assu 

 from his co-sureties the amounts for which they were respc 

 liable. A court of equity will also interfere to regulate the proportions 

 partly due from each. And in, case any of them are in: 

 from insolvency, &c., it will compel the others to contribute i 

 tionally the amount for which the defaulters were liable. The law is 

 the same as to co-sureties, whether all have been created by tin 

 instrument in writing, or each one by a distinct instrument. 



SURETY UK THK I'KACK b the acknowledging of a 

 nisance or bond to the crown, taken by a competent court for K> 

 the peace. Magistrates have the power to take Hitch recogni 

 which are generally done l>y tin- party acknowledging (recw/m-ini/, ami 

 hence the term iv/x/N/.iaw'-r) that he is indebted to the crow i 

 certain amount, the condition of which bond in, that he or the party 

 for whom he becomes bound shall keep the peace during a term named 

 in the condition. Such recognisance maybe obtained by auv partv 

 from another on application to a magistrate, and stating on oath thai 

 he has just cause to fear that such other " will burn his house, or do 

 him a corporal hurt, as by killing or beating him, or that he will pro- 

 cure others to do him such mischief." Upon such application being 

 made to the magistrate, it is his duty to summon the p n u 

 and cause him to enter, either alone or with others, into such 

 nisances as he thinks the case demands. The fear must be of a p 

 or future danger : no recognisances are demaudablc ..n tin- ground of 

 a past offence. Upon the neglect or refusal of the party so sun . 

 to enter into the recognisances demanded, In ma\ Im committed to 

 I iris- Hi by the magistrate for a specified period, unless he > 

 plies. If the recognisance is forfeited by a breach of the condition, it 

 may be removed into one of the superior courts and tin re pmci-eded 

 upn. 



Sureties also maybe similarly required for the good behaviour o,' 

 parties who have been guilty of conduct tending to a breach of tin- 

 peace, abusing those in the administration of justice, &c. 



