e-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.

[Footnote c: Dalton of sheriffs, c. 1.]

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, particularly on the borders, the sheriffs were
hereditary; as I apprehend they are in Scotland, and in the county of
Westmorland, to this day: and the city of London has also the
inheritance of the shrievalty of Middlesex vested in their body by
charter[d]. The reason of these popular elections is assigned in the
same statute, c. 13. "that the commons might chuse such as would not
be a burthen to them." And herein appears plainly a strong trace of
the democratical part of our constitution; in which form of government
it is an indispensable requisite, that the people should chuse their
own magistrates[e]. This election was in all probability not
absolutely vested in the commons, but required the royal approbation.
For in the Gothic constitution, the judges of their county courts
(which office is executed by our sheriff) were elected by the people,
but confirmed by the king: and the form of their election was thus
managed; the people, or _incolae territorii_, chose _twelve_ electors,
and they nominated _three_ persons, _ex quibus rex unum
confirmabat_[f]. But, with us in England, these popular elections,
growing tumultuous, were put an end to by the statute 9 Edw. II. st.
2. which enacted, that the sheriffs should from thenceforth be
assigned by the lord chancellor, treasurer, and the judges; as being
persons in whom the same trust might with confidence be reposed. By
statutes 14 Edw. III. c. 7. and 23 Hen. VI. c. 8. the chancellor,
treasurer, _chief_ justices, and _chief_ baron, are to make this
election; and that on the morrow of All Souls in the exchequer. But
the custom now is (and has been at least ever since the time of
Fortescue[g], who was chief justice and chancellor to Henry the sixth)
that _all_ the judges, and certain other great officers, meet in the
exchequer chamber on the morrow of All Souls yearly, (which day is now
altered to the morrow of St. Martin by the act for abbreviating
Michaelmas term) and then and there nom