1642.[50] From the tables of fees authorized by
law, one may see that the clerk performed a wide range of functions
growing out of the work of the court. These included issuing orders
for all stages of court proceedings, taking depositions and
inventories, recording documents, and administering or probating
estates of all kinds. In addition, the county's records of births,
deaths and marriages were maintained from reports made to the clerk.
In time, some of the tasks of issuing certificates--such as marriage
licenses--which started as duties of the court were turned over to the
clerk to perform.[51]

Frequently the clerk could and did exercise great influence with the
justices in the handling of legal matters. As the members of the court
were laymen, it often occurred that the clerk was the only person who
was learned in the law, and his advice must have been a determining
factor in many situations. His tenure in office also strengthened his
position of influence, for it was customary to retain clerks in office
for long periods of time, during which they had daily contact with the
workings of the law and events in the county. Unlike the justices, who
came from all parts of the county and seldom were present except on
court days, the clerk was much more available at the courthouse, and
so generally was the first to hear news from the colonial capital or
the outside world. As a result, the clerks of the court were consulted
on a variety of matters whenever a justice was not available.

Fees charged for performing the various services connected with the
work of the court made up the income of the clerk, and occasionally
the same person might hold the positions of clerk and surveyor,
notary, or special commissioner. Under certain circumstances, clerks
also could practice law, and all of these sources combined to produce
an income which was for the times comfortable.

In the eighteenth century, two significant changes in the law
prescribing the clerk's office occurred--it was made a salaried
position, and the county court was given full authority to appoint the
clerk--but in other respects the office was changed very little either
by the passage of time or the transformation from colony to
commonwealth.

Ranking roughly equal to the clerk in importance to the operations of
county government was the sheriff. The office of sheriff appeared when
counties began to be established in the 1630's; and until after the
War of Ind