Scottish National Dictionary (1700–)
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First published 1974 (SND Vol. IX).
This entry has not been updated since then but may contain minor corrections and revisions.
SURETY, n. Sc. Law usage: a bond or obligation entered into between parties that they will keep the peace and not assault or molest one another (Sc. 1799 W. Mitchell Scotticisms 29). Freq. in phrs. surety of the peace and surety for good behaviour, exacted from those who have uttered threats against another or, in the second instance, behave in a generally suspicious manner, a recognizance. See Caution, Lawburrows.Sc. 1730 W. Forbes Institutes II. 83:
Surety for keeping the Peace, differs from Surety for the good Behaviour, in that the later includes the former and something more.Sc. 1808 G. Hutcheson Treatise J. P. I. 391–9:
Any justice of the peace may command this surety of the peace, and grant his warrant for it upon the complaint of any person “threatened, or fearing to be wronged.” . . . Surety for good behaviour, is a recognizance entered into to the king for being of good behaviour. The good behaviour including the peace, he that is bound to the former, is therein bound to the latter also.Sc. 1838 W. Bell Dict. Law Scot. 959:
Surety of the peace is a security against injury threatened or dreaded.
