Well isn’t this interesting in the previous shitty Bl. Comm. versions i had the search function did not pick up on the below mention of court of record whereas on the new good quality one it has: 2 Bl. Comm. 342 (1916): “§ 464. b. Recognizance.—A recognizance is an obligation of record, which a man enters into before some court of record or magistrate duly authorized, [Bro. Abr. tit. Recognizance, 24.] with condition to do some particular act; as to appear at the assizes, to keep the peace, to pay a debt, or the like. It is in most respects like another bond : the difference being chiefly this : that the bond is the creation of a fresh debt or obligation de novo, the recognizance is an acknowledgment of a former debt upon record ; the form whereof is “that A B doth acknowledge to owe to our lord the king, to the plaintiff, to C D or the like, the sum of ten pounds,” with condition to be void on performance of the thing stipulated : in which case the king, the plaintiff, C D, etc., is called the cognizee, “is cui cognoscitur (he to whom it is acknowledged)” ; as he that enters into the recognizance is called the cognizor, “is qui cognoscit (he who acknowledges).” This, being either certified to, or taken by the officer of some court, is witnessed only by the record of that court, and not by the partys seal : so that it is not in strict propriety a deed, though the effects of it are greater than a [343] common obligation ; being allowed a priority in point of payment, and binding the lands of the cognizor, from the time of enrollment on record. [Stat. 29 Car. II. c. 3. § 18 (Statute of Frauds, 1677).] There are also other recognizances, of a private kind, in nature of a statute staple, by virtue of the statute 23 Hen. VIII, c. 6 (Recognizances for Debt, 1531), which have been already explained, [See pag. 160] and shown to be a charge upon real property.” now you might wonder why is the above interesting to me...!? well it’s not just a mention of “court of record” but also of the expression: “recognizance” which has been of a particular interest to me ever since i heard the below extract from one of Karl’s talkshoes: 2013-10-17 - TS-793096 - EPISODE 236 - Special Guest Speaker Karl Lentz Q&A (33:51 into it) ––by Karl Lentz: “First thing i’d do is say are you aware you are dealing with a man? Somebody could have named their kid coca cola or pepsi; it could be coke versus pepsi and have nothing to do with a corporation; do you think you are dealing with a legal entity? no, i’m a man, you are communicating with a man now and are you claiming i’m doing wrong? and right there they are going to say no, we can’t make a claim against a man; you sent the [spoon] against my person; you better communicate that to the other side; hey do you realize you are dealing with a man? Do you realize that by using this tool in which you are in custody and supposed to maintain discipline and control is causing me harm, would you like to back it off or meet me in court? when i take you to court you are going to have to take the witness stand and you’re going to testify that i done you wrong; and that will never happen, the plaintiff won’t appear; if you don’t believe me it’s the 1679 act, habeas corpus, clause 2 the plaintiff must appear and like clause 5 you have the right to face your accuser; so if MERS is saying something to you, you have the right to cross examine MERS, but you have to show that you are acting in the capacity as a man; you don’t bind yourself to that legal fiction.” and i pulled up the habeas corpus act to look up clause 2 & 5 herein reposted once again: Habeas Corpus Act (1679 c. 2) § II. “…before whom the prisoner shall be brought as aforesaid, shall discharge the said prisoner from his imprisonment, taking his or their recognizance, with one or more surety or sureties, in any sum according to their discretions, having regard to the quality of the prisoner and nature of the offence, for his or their appearance in the court of King’s bench the term following, or at the next assizes, sessions or general gaol-delivery of and for such county, city or place where the commitment was, or where the offence was committed, or in such other court where the said offence is properly cognizable, as the case shall require, and then shall certify the said writ with the return thereof, and the said recognizance or recognizances into the said court where such appearance is to be made…” § V. “And for the prevention of unjust vexation by reiterated commitments for the same offence; be it enacted by the authority aforesaid, That no person or persons which shall be delivered or set at large upon any habeas corpus, shall at any time hereafter be again imprisoned or committed for the same offence by any person or persons whatsoever, other than by the legal order and process of such court wherein he or they shall be bound by recognizance to appear” legislation.gov.uk/aep/Cha2/31/2/contents recognizance (n.) 1. Law. a bond or obligation of record entered into before a court of record or a magistrate, binding a person to do a particular act. dictionary.reference/browse/recognizance?s=t recognizance (n.) early 14c., reconisaunce, “a bond acknowledging some obligation binding one over to do some particular act,” from Old French reconissance “acknowledgment, recognition” (12c., Modern French reconnaissance), from reconoiss-, present participle stem of reconoistre. recognize (v.) early 15c., “resume possession of land,” back-formation from recognizance, or else from Old French reconoiss-, stem of reconoistre “to know again, identify, recognize,” from Latin recognoscere “acknowledge, recall to mind, know again; examine; certify,” from re- “again” (see re-) + cognoscere “know” (see cognizance). Meaning “know again, recall or recover the knowledge of, perceive an identity with something formerly known or felt” first recorded 1530s. etymonline/index.php?allowed_in_frame=0&search=recognizance&searchmode=none [7:53:10 a.m.] Julz: recognize (v.) early 15c., “resume possession of land,”[Wednesday, 1 October 2014 5:01 p.m.] Julz:
Posted on: Sun, 11 Jan 2015 00:24:09 +0000
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