PEER. Equal. A man's peers are his equals. A man is to be tried by his peers.

2. In England and some other countries, this is a title of nobility; as, peers of the realm. In the United States, this equality is not so much political as civil. A man who is not a citizen, is nevertheless to be tried by citizens.

PEERESS. A noblewoman, the wife of a peer.

PEINE FORTE¹ ET DURE, Eng. law A punishment formerly² inflicted⁴ in England, on a person who, being arraigned⁵ of felony, refused to plead and put himself on his trial, and stubbornly stood mute. He was to be laid down and as much weight was to be put upon him as he could bear, and more, until he died. This barbarous punishment has been abolished. Vide Mute.

PELTWOOL. The wool pulled off the skin or pelt⁶ of a dead ram⁷.

PENAL⁸. That which may be punished; that which inflicts⁹ a punishment.

PENAL STATUTES¹⁰. Those which inflict³ a penalty for the violation¹¹ of some of their provisions.

2. It is a rule of law that such statutes must be construed¹² strictly¹³. 1 Bl. Com. 88; Esp. on Pen. Actions, 1; Bosc. on Conv.; Cro. Jac. 415; 1 Com. Dig. 444; 5 Com. Dig. 360; 1 Kent, Com. 467. They cannot, therefore, be extended by their spirit or equity¹⁴ to other offences than those clearly described and provided for. Paine, R. 32; 6 Cranch, 171.

PENALTY, contr. A clause in an agreement, by which the obligor agrees to pay a certain-sum of money, if he shall fail to fulfil the contract contained in another clause of the same agreement.

2. A penal clause in an agreement supposes two obligations, one of which is the primitive¹⁵ or principal; and the other, is, conditional¹⁶ or accessory.

3. The penal obligation differs from an alternative obligation, for this is but one in its essence; while a penalty always includes two distinct engagements, and, when the first is fulfilled, the second is void. When a breach¹⁷ has taken place, the obligee¹⁸ has his option to require the fulfilment of the first obligation, or' the payment of the penalty, in those cases which cannot be relieved in equity, when the penalty is considered as liquidated¹⁹ damages. Dalloz, Dict. mots Obligation avec clause penale.

4. It is difficult, in many cases, to distinguish between a penalty and liquidated damages. In general, the courts have inclined to consider the sum reserved by such agreement to be a penalty, rather than as stipulated²⁰ damages. (q. v.)

5. The sum will be considered as a penalty, and not as liquidated damages, in the following cases: 1. When the parties to the agreement have expressly declared the sum to be a penalty, and no other intent is to be collected from the instrument. 2 Bos. & P. 346; 1 H. Bl. 227; 1 Pick. 45 1; 4 Pick. 179; 7 Wheat. 14; 3 John. Cases, 297. 2. When from the form of the instrument, as in the case of a money bond, it is sufficiently²¹ clear a penalty was intended.

3. When it is doubtful whether the sum was intended as a penalty or not, and a certain damage or debt is made payable²² on the face of the instrument. 2 B. & P. 350; 3 C. & P. 240. 4. When the agreement was evidently made for the attainment²³ of another object, to which the sum, specified²⁴ is wholly collateral²⁵, 11 Mass. 76; 15 Mass. 488; 1 Bro. C. C. 418, 419. 5. When the agreement contains several matters, of different degrees of importance, and yet the sum mentioned is payable for the breach of any, even the least. 6 Bing. 141; 5 Bing. N. C. 390; 7 Scott, 364. 6. When the contract is not under seal, and the damages may be ascertained²⁶ and estimated; and this though the parties have expressly declared the sum to be as liquidated damages. 2B. & Ald. 704; 6 B. & C. 216; 4 Dall. 150; 5 Cowen, 144. See 2 Greenl. Ev. 258. 1 Holt N. P. C. 43 1 Bing. R. 302; S. C. 8 Moore, 244; 4 Burr. 2229.

6. The penalty remains²⁷ unaffected, although the condition may have been partially²⁸ performed; as in a case where the penalty was one thousand dollars, and the condition was to pay an annuity²⁹ of one hundred dollars, which had been paid for ten years; the penalty was still valid³⁰. 5 Verm. 365.

7. A distinction seems to be made in courts of equity between penalties and forfeitures³². In cases of forfeiture³¹ for the breach of any covenant³³ other than a covenant to pay rent, relief will not be granted in equity, unless upon the ground of accident, fraud, mistake, or surprise, when the breach is capable of compensation. Edin. on Inj. 22; 16 Ves. 403; S. C. 18 Ves. 58 3 Ves. 692; 4 Bouv. List. n. 3915.

8. By penalty is understood, also, the punishment inflicted by law for its violation; the term is mostly applied³⁴ to a pecuniary³⁵ punishment. See 6 Pet. 404; 10 Wheat. 246; 1 Gall³⁶. R. 26; 2 Gall. R. 515; 1 Mason, R. 243; 3 John. Cas. 297: R. 451; 15 Mass. 488; 7 John. 72 4 Mass. 433; 8 Mass. 223; 8 Com. Dig. 846; 16 Vin. Ab. 301; 1 Vern. 83, n.; 1 Saund. 58, n.; 1 Swans. 318; 1 Wash. C. C. R. 1; 2 Wash. C. C. R. 323; Paine, C. C. R. 661; 7 Wheat. 13. See, generally, Bouv. Inst. Index, h. t.