the crown; raised by the crown, officered by the crown, com manded by the crown. They are kept on foot it is true only from year to year, and that by the power of parliament: but during that year they muft, by the nature of our conftitution, if raised at all, be at the abfolute disposal of the crown. And there need but few words to demonftrate how great a truft is thereby repofed in the prince by his people. A truft, that is more than equivalent to a thoufand little troublesome prerogatives.

ADD to all this, that, besides the civil lift, the immense revenue of almoft feven millions fterling, which is annually paid to the creditors of the public, or carried to the finking fund, first deposited in the royal exchequer, and thence iffued out to the retpective offices of payment. This revenue the people can never refufe to raise, because it is made perpetual by act of parliament: which also, when well confidered, will appear to be a trust of great delicacy and high importance.

UPON the whole therefore I think it is clear, that, whatever may have become of the nominal, the real power of the crown has not been too far weakened by any transactions in the last century. Much is indeed given up; but much is also acquired. The ftern commands of prerogative have yielded to the milder voice of influence; the flavish and exploded doctrine of non-refiftance has given way to a military establishment by law; and to the difufe of parliaments has fucceeded a parliamentary truft of an immenfe perpetual revenue. When, indeed, by the free operation of the finking fund, our national debts fhall be leffened; when the posture of foreign affairs, and the universal introduc tion of a well planned and national militia, will fuffer our formidable army to be thinned and regulated; and when (in confequence of all) our taxes fhall be gradually reduced; this adventitious power of the crown will flowly and imperceptibly diminith, as it flowly and imperceptibly rofe. But, till that fall happen, it will be our efpecial duty, as good fubjects and good Englishmen,

Englishmen, to reverence the crown, and yet guard against corrupt and fervile influence from those who are intrufted with it's authority; to be loyal, yet free; obedient, and yet independent; and, above every thing, to hope that we may long, vey long, continue to be governed by a fovereign, who, in all those public acts that have perfonally proceeded from himself, hath manifefted the higheft veneration for the free conftitution of Britain; hath already in more than one inftance remarkably ftrengthened it's outworks; and will therefore never harbour a thought, or adopt a perfuafion, in any the remoteft degree detrimental to public liberty.

Τι

CHAPTER THE NINT H,

OF SUBORDINATE MAGISTRATES,

Na former chapter of these commentaries' we distinguished magiftrates into two kinds; fupreme, or thofe in whom the fovereign power of the ftate refides; and fubordinate, or those who act in an inferior fecondary sphere. We have hitherto confidered the former kind only, namely, the fupreme legislative power or parliament, and the fupreme executive power, which is the king: and are now to proceed to enquire into the rights and duties of the principal fubordinate magiftrates.

AND herein we are not to inveftigate the powers and dutics of his majefty's great oflicers of ftate, the lord treasurer, lord chamberlain, the principal fecretaries, or the like; because I do not know that they are in that capacity in any confiderable degree the objects of our laws, or have any very important share of magiftracy conferred upon them: except that the fecretaries of ftate are allowed the power of commitment, in order to bring offenders to trial. Neither fall I here treat of the office and authority of the lord chancellor, or the other judges of the fuperior courts of juftice; because they will find a more proper place in the third part of thefe commentaries. Nor fhall I enter into any minute difquifitions, with regard to the rights and dignities of

a ch. a. pag. 16.

bi Leon. . 2 Leon. 175. s Mod. 8. Salk. 347.

mayors

Comb. 343.

mayors and aldermen, or other magiftrates of particular corporations; because these are mere private and ftrictly municipal rights, depending entirely upon the domeftic conftitution of their refpective franchifes. But the magiftrates and officers, whofe rights and duties it will be proper in this chapter to consider, are fuch as are generally in ufe and have a jurifdiction and authority difperfedly throughout the kingdom: which are, principally, fheriffs; coroners; juftices of the peace; conftables; furveyors of highways; and overfeers of the poor. In treating of all which I fhall enquire into, firft, their antiquity and original; next the manner in which they are appointed and may be removed; and, laftly, their rights and duties. And firft of fheriffs,

I. THE fheriff is an officer of very great antiquity in this kingdom, his name being derived from two Saxon words, fcire gerefa the reeve, bailiff, or officer of the fhire. He is called in Latin vice-comes, as being the deputy of the earl or comes; to whom the cuftody of the fhire is faid 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 and attendance on the king's perfon, not being able to tranfact the bufinefs of the county, were delivered of that burden; referving to themielves. the honour, but the labour was laid on the fheriff. So that now the sheriff does all the king's business in the county; and though he be ftill called vice-comes, yet he is entirely independent of, and not fubject to the carl; the king by his letters patent, committing cuftodiam comitatus to the fheriff, and him alone.

SHERIFFS were formerly chofen by the inhabitants of the feveral counties. In confirmation of which it was ordained by statute 28 Edw. I. c. 8. that the people fhould have election of fheriffs in every fhire, where the fhrievalty is not of inheritance. For antiently in fome counties the sheriffs were hereditary; as I apprehend they were in Scotland till the ftatute 20 Geo. II. c. 43; and fill continue in the county of Weftmorland to this day: Tt 2

the

the city of London having alfo the inheritance of the fhrievalty of Middlefex vefted in their body by charter". The reafon of thefe popular elections is affigned in the fame ftatute, c. 13. " that "the commons might choose such as would not be a burthen to "them." And herein appears plainly a strong trace of the democratical part of our conftitution; in which form of government it is an indifpenfable requifite, that the people should choose their own magiftrates. This election was in all probability not abfolutely vefted in the commons, but required the royal approbation. For in the Gothic conftitution, the judges of their county courts (which office is executed by our fheriff) were elected by the people, but confirmed by the king: and the form of their election was thus managed; the people, or incolae territorii, chofe twelve electors, and they nominated three perfons, ex quibus rex 'unum confirmabat. But with us in England, thefe popular elections, growing tumultuous, were put an end to by the ftatute 9 Edw. II. ft. 2. which enacted, that the theriffs fhould from thenceforth be affigned by the chancellor, treasurer, and the judges; as being perfons in whom the fame truft might with confidence be repofed. By ftatutes 14 Edw. III. c. 7. 23 Hen. VI. c. 8. and 21 Hen. VIII. c. 20. the chancellor, treasurer, prefident of the king's council, chief justices, and chief baron, are to make this clection; and that on the morrow of All Souls in the exchequer. And the king's letters patent, appointing the new fheriffs, used commonly to bear date the fixth day of November. The ftatute of Cambridge, 12 Ric. II. c. 2. ordains, that the chancellor, treasurer, keeper of the privy-feal, steward of the king's houfe, the king's chamberlain, clerk of the rolls, the justices of the one bench and the other, barons of the exchequer, and all other that shall be called to ordain, name, or make juftices of the peace, Jheriffs, and other officers of the king, fhall be fworn to act indifferently, and to name no man that fueth to be put in office, but fuch only as they fhall judge to be the best and moft fullicient. And the cuiloni now is (and has been at leaft ever fince

da Rep. 72.

e Montefq. Sp. L. b. 2. c. 2.

f Stiernh, de jure Goth. I. 1. v. 3.

g Stat. 12 Edw. IV. c. 1.