r the most part one of the two remaining in the
last year's list[k]. And this case, thus circumstanced, is the only
precedent in our books for the making these extraordinary sheriffs. It
is true, the reporter adds, that it was held that the queen by her
prerogative might make a sheriff without the election of the judges,
_non obstante aliquo statuto in contrarium_: but the doctrine of _non
obstante_'s, which sets the prerogative above the laws, was
effectually demolished by the bill of rights at the revolution, and
abdicated Westminster-hall when king James abdicated the kingdom. So
that sheriffs cannot now be legally appointed, otherwise than
according to the known and established law.

[Footnote d: 3 Rep. 72.]

[Footnote e: Montesq. Sp. L. b. 2. c. 2.]

[Footnote f: Stiernhook _de jure Goth._ _l._ 1. _c._ 3.]

[Footnote g: _de L.L._ _c._ 24.]

[Footnote h: 2 Inst. 559.]

[Footnote i: Jenkins. 229.]

[Footnote k: Dyer 225.]

SHERIFFS, by virtue of several old statutes, are to continue in their
office no longer than one year; and yet it hath been said[l] that a
sheriff may be appointed _durante bene placito_, or during the king's
pleasure; and so is the form of the royal writ[m]. Therefore, till a
new sheriff be named, his office cannot be determined, unless by his
own death, or the demise of the king; in which last case it was usual
for the successor to send a new writ to the old sheriff[n]: but now by
statute 1 Ann. st. 1. c. 8. all officers appointed by the preceding
king may hold their offices for six months after the king's demise,
unless sooner displaced by the successor. We may farther observe, that
by statute 1 Ric. II. c. 11. no man, that has served the office of
sheriff for one year, can be compelled to serve the same again within
three years after.

[Footnote l: 4 Rep. 32.]

[Footnote m: Dalt. of sheriffs. 8.]

[Footnote n: Dalt. 7.]

WE shall find it is of the utmost importance to have the sheriff
appointed according to law, when we consider his power and duty. These
are either as a judge, as the keeper of the king's peace, as a
ministerial officer of the superior courts of justice, or as the
king's bailiff.

IN his judicial capacity he is to hear and determine all causes of
forty shillings value and under, in his county court, of which more in
it's proper place: and he has also judicial power in divers other
civil cases[o]. He is likewise to decide the elections of knights of
the shire, (