| Chap. 174. |
Precedents of Warrants.
six days next after such Distress by you taken shall not pay the said
20 s. that then you cause the said Distress presently to be prised
and sold,
and the overplus that shall remain upon your said sale of the said Goods,
that you render the same overplus to the said G. W. And this
shall be your
sufficient Warrant herein. Dated, &c. |
473 |
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Before the Justice shall grant out these two last
Warrants, he shall do
well also first to hear and examine the Offenders.
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A Warrant for the removing of a petty Constable, and for the
Swearing of another.
CAROLUS, Dei gratia, &c. Viceconi' Cantabr'
necnon capitali
Constabul' Hundredi de R. & eorum cuilibet, salut. Quia
W. P. & R. S.
Subconstab' Vill' de C. & K. (certis de causis nos movent')
ab Officio suo amoveri
& exonerari fecimus: Ideo vobis & cuilibet vestrum, conjunctim
& divism,
præcipimus & mandamus, quod I. F. & R. M. ad omnia
& singula eidem
Officio incumbentia bene & fideliter exercenda & exequendo nullatenus
se
intromittant, quousq; aliud de nobis habnerint mandatum. Et quiscquid
inde
feceritis, Justiciariis nostris ad Pacem nostram in dicto Cons' conservantd'
assign'
ad prox' genearl' Sessionem Pacis upud C. in dicto Cons.
tenend' certificetis,
hoc Præceptum nostrum tunc & ibidem remittentes. Test Robert
Lawrence
Armig', uno Justic' nostror' prædict'. tali die. &c.
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| Lam. yy. 3. |
You shall find this former Precedent in M. Lamb.
But upon such Warrant,
quære who shall give the Oath to the new Constables, whether
the
High Sheriff, or High Constable that shall execute such Warrant, or the
Justice of Peace that granted out such Warrant. |
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But for this authority of removing petty Constables,
and of chusing
and swearing new, it is reputed properly to belong to the Leet, (it being
one of the ancientest Courts in the Realm, Br. Leet 14.) And
if the new
Elect be not present at the Leet to take his Oath accordingly, then upon
Certificate or notice thereof to any Justice of peace of that County, the
Justice doth use to send his Warrant for the parties so chose, and to give
them their Oath. |
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Also in default of the Leet, or otherwise, where
there shall be just
cause to remove a petty Constable for his insufficiency, or for any misdemeanour,
or other, every Justice of peace, ex Officio, (as it seemeth) may
remove the old Constables, and may chuse and swear new: which also
we
see to be warranted by common experience. See Lamb. of the
Duties of
Constables, page 19. |
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And I have seen some Precedents to such purpose,
as followeth.
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* If they
were not
chosen at
the Leet
this clause
is to be
left out. |
To our loving Friend A. B. of W. Yeoman.
THese are in his Majesties Names to charge
and command you to make
your repair unto us, or to some other Justice of peace of this County,
to take the Oath of a Constable, to serve his Majesty within the
Town of W. (* according to the choice made of you by the Jury at
the
last Leet-holden in your Town.) And hereof fail you not. Dated
under
the hands of M. N. and N. O. Esquires, two of his Majesties
Justices of
peace, &c. |
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