Page:Prerogatives of the Crown.djvu/98

78 Fountain of Justice and Office. [Ch.VlI. Sec.L The Judges can, generally speaking, derive their authority only from tlie Crown («), and those who claim a prescriptive right to hold a judicial office, impliedly hold by royal grant [b). The Lord Chancellor is appointed by the mere deliveiy of the King's great seal into his custody (c). The Chief Justice of the Court of King's Bench is created by writ {d). The Vice- Chancellor (^), and the rest of the Judges (/), are named by letters patent. By the policy of the common law, the people choose the Sheriffs, conservators of the peace, and other officers of a simi- lar description, who were concerned in matters that affected the public liberty (g). The right of the people to elect Sheriffs was taken from them by the statute 9 Ed. 2. st. 2.; and the custom now is, with reference to various statutes, for the Lord High Chancellor, the Chancellor of the Exchequer, the Judges, several of the Privy Council, and other great officers of state, to assemble in the Exchequer, on the morrow of St. Martin (A), in Michael- mas term, when three persons for each county are proposed or selected, out of which three, one is finally appointed by the King (?). So that in effect the power of electing Sheriffs is now absolutely in the Crown {h)-. a prerogative by no means un- important. It has even been laid down that the King may by his prerogative nominate whom he pleases to be Sheriff, whe- ther thus proposed by the Judges and other officers or not (/). This assertion is grounded merely on a case peculiarly cir- cumstanced in the reign of Queen Elizabeth, (when, it should be remembered, the doctrine of non ohstantes was in force (?«), ) in which it was held (w), that the Queen's appointment of the Sheriffs, during a time of plague, in consequence of which the (a) 27 Hen. 8. c. 24. Co. lit. 260. 2 23 Hen. 6. c 8. 12 Rich. 2. c. 2. 34 Bac. Ab. 97. and 55 Hen. 8. c. 26. s. 61. 1 Bla. ib) 1 Bla. Com. 24. Com. 340, 1. 1 Wooddn.89, 90. See (c) Lamb Archeion, &5. 1 Rol. Ab. Christian's note 4, to Bla. Com. where 385. the mode of nominating sherifEs is more (rf) 4 Inst 74, 5. * particularly stated. A similar practice (e) 53 Geo. 3. c. 24. in many respects prevails as to Welch (/) 4 Inst. 74, 75. sherifis, 34 and 35 H. 8. c. 26. s. 1. 1 (g) 2 Inst. 558, 174. 28 Ed. 1. c. 8. Wm. and M. c. 27. s. 4. Lamb, 15, 16, 17. 1 Bla. Com. 347. {k) See Dav. 60. 1 Wooddn. 88. (/) Jenkins, 229. Dalt. Sheriff, 6. (h) 24 Geo. 2. c. 48. s. 12. {m) See post. ch. 7. (i) See statutes 14 Ed. 3. st. 1. c. 7. (n) Dyer, 225. Judges