ire into the rights and duties of the principal subordinate
magistrates.
[Footnote a: ch. 2. pag. 142.]
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[b].
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 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.
[Footnote b: 1 Leon. 70. 2 Leon. 175. Comb. 343. 5 Mod. 84. Salk.
347.]
I. THE sheriff is an officer of very great antiquity in this kingdom,
his name being derived from two Saxon words, shire reeve, the 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 and attendance on the king's person, not being able to
transact the business of the county, were delivered of that burden[c];
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 _vic
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