mayors and aldermen, or other magiſtrates of particular corporations; becauſe theſe are mere private and ſtrictly municipal rights, depending entirely upon the domeſtic conſtitution of their respective franchiſes. But the magiſtrates and officers, whoſe rights and duties it will be proper in this chapter to conſider, are ſuch as are generally in uſe and have a juriſdiction and authority diſperſedly throughout the kingdom: which are, principally, ſheriffs; coroners; juſtices of the peace; conſtables; ſurveyors of highways; and overſeers of the poor. In treating of all which I ſhall enquire into, firſt, their antiquity and original; next, the manner in which they are appointed and may be removed; and, laſtly, their rights and duties. And firſt of ſheriffs.
I. The ſheriff is an officer of very great antiquity in this kingdom, his name being derived from two Saxon words, scir gerefa, the reeve, bailiff, or officer of the ſhire. He is called in Latin vice-comes, as being the deputy of the earl or comes; to whom the cuſtody of the ſhire is ſaid to have been committed at the firſt diviſion of this kingdom into counties. But the earls in proceſs of time, by reaſon of their high employments alid attendance on the king's perſon, not being able to tranſact the buſineſs of the county, were delivered of that burden[1]; reſerving to themſelves the honour, but the labour was laid on the ſheriff. So that now the ſheriff does all the king's buſineſs in the county; and though, he be ſtill called vice-comes, yet he is entirely independent of, and not ſubject to the earl; the king by his letters patent committing cuſtodiam comitatus to the ſheriff, and him alone.
Sheriffs were formerly choſen by the inhabitants of the ſeveral counties. In confirmation of which it was ordained by ſtatute 28 Edw. I. c. 8. that the people ſhould have election of ſheriffs in every ſhire, where the ſhrievalty is not of inheritance. For antiently in ſome counties the ſheriffs were hereditary; as I apprehend they were in Scotland till the ſtatute 20 Geo. II. c. 43; and ſtill continue in the county of Weſtmorland to this day:
- ↑ Dalton of ſheriffs. c. 1.
