Chapter the ninth.
Of subordinate MAGISTRATES.
IN a former chapter of theſe commentaries[1] we diſtinguiſhed magiſtrates into two kinds; ſupreme, or thoſe in whom the ſovereign power of the ſtate reſides; and ſubordinate, or thoſe who act in an inferior ſecondary ſphere. We have hitherto conſidered the former kind only, namely, the ſupreme legiſlative power or parliament, and the ſupreme executive power, which is the king: and are now to proceed to enquire into the rights and duties of the principal ſubordinate magiſtrates.
And herein we are not to inveſtigate the powers and duties of his majeſty's great officers of ſtate, the lord treaſurer, lord chamberlain, the principal ſecretaries, or the like; becauſe I do not know that they are in that capacity in any conſiderable degree the objects of our laws, or have any very important ſhare of magiſtracy conferred upon them: except that the ſecretaries of ſtate are allowed the power of commitment, in order to bring offenders to trial[2]. Neither ſhall I here treat of the office and authority of the lord chancellor, or the other judges of the ſuperior courts of juſtice; becauſe they will find a more proper place in the third part of theſe commentaries. Nor ſhall I enter into any minute diſquiſitions, with regard to the rights and dignities of
