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§. 10. |
Justices of the Peace.
3. By the accession of another Office: as when
a Justice of Peace is
chosen to be Sheriff of the same County his Authority of a Justice of
Peace there is suspended during his Sheriffwick; but after that another
is
chosen and sworn Sheriff of the same County, then this Authority as a
Justice of Peace remaineth as it was before; without any renewing of the
Commission, and without any of the Oaths newly to be taken by him;
except his name be then put out or left out of the Commission, as sometimes
hath been used to be done; and perhaps only to get new Fees. |
Chap. 4. |
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The reason why his Authority of a Justice of Peace
is suspended during
his Sheriffwick seemeth to be, for that the Sheriff is a Minister, and
a Justice
of Peace is a Judge; and the one is as necessary as the other. And
besides the Office of a Judge being to Command, and of a Minister to
execute the Commandment; if one man shall be both Judge and Minister,
thereof it would follow, that the Sheriff ought to command himself, or
that he should, as an Officer, serve his own Precept made as Justice or
Judge, the which cannot be. |
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Also if a Justice of Peace be made a Knight, or
Serjeant at Law, or hath
any greater name or office of Honour or Dignity given him, this taketh
not away his Authority, of a Justice of Peace. Br. Commiss. 4
& 22. See also
the Statute of 1 E. 6.cap.7. |
1 E. 6.c.7.
P. Disc. 4. |
Dyer 165.
Co. 7.30.
B. Com. 5. |
Note also, that although by the Death of the King,
or by his Resignation,
the Authority of all Justices of the Peace, which are by Commission
(yea, and of all Judges, Commissioners of Oyer and Terminer,
Commissioners
of Gaol delivery, Sheriffs, Escheators, and other Officers that are by
Commission) doth cease; yet Mayors and chief Officers in Cities and
Corporate Towns, (which have the Authority of Justices of Peace, or of
the Conservation of the Peace, by Grant under the King's Letters Patents
to them and their Successors) their Authority still remaineth, notwithstanding
the Kings Death or Resignation. |
Br. Com.
19.21. B.
Offic. 15. |
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So also the Office and Authority of the High Constables
and petty Constables
seemeth to remain, notwithstanding the Death of the King, &c.
for that their Authority is by the Common Law, and to their said Office
the Conservation of the Peace remaineth, as a thing incident and unseparable
from the same. |
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4 E. 4.44.
B. Offi. 25.
Dyer 165. |
Coroners also do remain Conservators of the Peace
(within the County
where they are Coroners) notwithstanding the Kings Death, &c. for they
are made by the Kings Writ and not by Commission; and their Office
and
Authority doth remain until they be removed by the Kings Writ; and
their Office remaining, the Conservation of the Peace remaineth as incident
thereto. |
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P. Inst. 4.
1 El. 1. |
CHAP. IV.
EVery Justice of Peace (before he shall take upon
him to exercise the
Office of a Justice of Peace) shall take two corporal Oaths; the one
concerning the Office of a Justice of Peace, the other concerning the Kings
Supremacy. |
Their Oath. |
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The Oath concerning this Office seemeth to be by
force of the Statute
made 13 R.2c.7. And yet see the Oath of the Justices
made An. 18 E. 3. |
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