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Constables.
they may still be chosen or appointed, and sworn in the Sheriffs Tourn,
as well as in the Leet. |
Chap. 28 |
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Constables lawfully chosen, if they shall refuse
to be sworn, the Justice
of Peace may bind them over to the Assizes or Sessions of the Peace.
And
for such his contempt, he is there to be indicted, and thereupon fined
and
imprisoned. Dier 29. |
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But he cannot commit them, until they will take
on them the Office: for
such a commitment was adjudged void, M. 1652. And it was therefore
resolved,
that they could not choose Constables, but might swear them, or if unfit
persons
were chosen, might remove them. |
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§. 6.
Constables
their Ability. |
And here, for the better chusing of these Constables,
you shall understand,
that the Law requireth that every Constable be Idoneus homo, that
is, apt and fit for the execution of the said Office; and he is said in
Law to
be Idoneus, who hath these Three things, Honesty Knowledge,
and Ability. |
Co. 8.41. |
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Honesty, to execute his Office truly, without malice,
affection, or partiality. |
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Knowledge to understand what he ought to do. |
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Ability, as well in substance or estate, as in body,
that so he may intend
and execute his Office diligently, and not through impotency of Body, or
want, to neglect the place. |
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For Constables chosen out of the meaner sort,
they are either ignorant what
to do, or dare not do that they should, or are not able to spare the time
to execute
this Office: they are therefore to be able men, and to be chosen
of the
abler sort of Parishioners; and are not to be chosen either by the
house, or
other Custom. |
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And if any shall be chosen Constable who is not
thus inabled and qualified,
he may by Law be discharged of his said Office, and another fit man
appointed in his place. For the duty of a Constable see Postea
title Warrant. |
Co. 8. 4. |
| §. 7. |
Leets chusing unable, or unfit petty Constables,
is cause of forfeiture of
the Leet, and such choice is void. And two Justices of peace may
remove
such a Constable; or rather the Lord of the Leet would be dealt
withal to choose fitter Constables; and upon his default, complaint is
to
be made at the Assize or Sessions of the Peace, from thence a Warrant
to be granted to the Justices of Peace to chuse and swear others
more fit.
And so was the Direction of the Judge of Assize at Cambridge, Anno.
8.
Caroli regis. |
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1. December, 4 Car. William Stockdale elected
Constable was discharged,
for that his dwelling was not convenient for the well execution of the
said
Office. ex. libr. Sess. Middles. |
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1. If a Constable die, or remove out of
the Parish, his place is to be supplied
at the Leet, if that time fall near; otherwise by the Sessions: but
if
that be too far off, then by the next Justices. Dier 30. |
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2. If a poor weak man be chosen a Constable,
the Justices of the Peace must
help this. Dier 31. |
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3. A man for his quality otherwise fit
to be a Constable, &c. procuring
himself to be the Kings servant extraordinary, may notwithstanding be
chosen a Constable, and may well perform his ordinary service in the Country.
Dier 38. |
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4. Petty Constables conveighing Rogues
from Parish to Parish, for their
Charges, see hic, cap. 47. |
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For the duty of a Constable see their Oath, hic,
cap. 121. |
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Two Justices of the Peace may appoint and swear
new Constables,
Headboroughs, &c. in case of death or removal of such Officers out
of |
14 Car.
cap. 12. |
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