subject to the control of the house of commons) of
coroners, and of verderors; to judge of the qualification of voters,
and to return such as he shall determine to be duly elected.

[Footnote o: Dalt. c. 4.]

AS the keeper of the king's peace, both by common law and special
commission, he is the first man in the county, and superior in rank to
any nobleman therein, during his office[p]. He may apprehend, and
commit to prison, all persons who break the peace, or attempt to break
it: and may bind any one in a recognizance to keep the king's peace.
He may, and is bound _ex officio_ to, pursue and take all traitors,
murderers, felons, and other misdoers, and commit them to gaol for
safe custody. He is also to defend his county against any of the
king's enemies when they come into the land: and for this purpose, as
well as for keeping the peace and pursuing felons, he may command all
the people of his county to attend him; which is called the _posse
comitatus_, or power of the county[q]: which summons every person
above fifteen years old, and under the degree of a peer, is bound to
attend upon warning[r], under pain of fine and imprisonment[s]. But
though the sheriff is thus the principal conservator of the peace in
his county, yet, by the express directions of the great charter[t],
he, together with the constable, coroner, and certain other officers
of the king, are forbidden to hold any pleas of the crown, or, in
other words, to try any criminal offence. For it would be highly
unbecoming, that the executioners of justice should be also the
judges; should impose, as well as levy, fines and amercements; should
one day condemn a man to death, and personally execute him the next.
Neither may he act as an ordinary justice of the peace during the time
of his office[u]: for this would be equally inconsistent; he being in
many respects the servant of the justices.

[Footnote p: 1 Roll. Rep. 237.]

[Footnote q: Dalt. c. 95.]

[Footnote r: Lamb. Eiren. 315.]

[Footnote s: Stat. 2 Hen. V. c. 8.]

[Footnote t: _cap._ 17.]

[Footnote u: Stat. 1 Mar. st. 2. c. 8.]

IN his ministerial capacity the sheriff is bound to execute all
process issuing from the king's courts of justice. In the commencement
of civil causes, he is to serve the writ, to arrest, and to take bail;
when the cause comes to trial, he must summon and return the jury;
when it is determined, he must see the judgment of the court carried
into execution. In crimi