forthcoming. And therefore anciently no man was fuffered to abide in England above forty days, unless he were enrolled in fome tything or decennary. One of the principal inhabitants of the tything is annually appointed to prefide over the rest, being called the tythingman, the headborough, and in fome counties the borfholder, or boroughs-healder, being fuppofed the difcreetest man in the borough, town, or tything. Tythings, towns, or vills, are of the fame fignification in law, and are faid to have had each of them originally a church, and celebration of divine fervice, facraments, and burials. As ten families of freeholders made up a town or tything, fo ten tythings compofed a superior divifion, called a hundred, as confifting of ten times ten families. The hundred is governed by a high conftable or bailiff; and formerly there was regularly held in it the hundred court for the trial of caufes, though now fallen into difufe. In fome of the northern counties thefe hundreds are called wapentakes. An indefinite number of thefe hundreds makes up a county or fhire. In fome counties there is an intermediate divifion, between the fhires and the hundreds, as lathes in Kent, and rapes in Suffex, each of them containing about three or four hundreds. Thefe had formerly their lathe reeves and rape reeves, acting in fubordination to the fhire reeve. Where a county is divided into three of thofe intermediate jurifdictions, they are called tythings, which were formerly governed by a tything reeve. Thefe tythings ftill fubfift in the county of York, where, by an eafy corruption, they are denominated ridings.

SHERIFFS. It feems that anciently the government of the county was by the king lodged in the earl or count, who was the immediate officer of the crown; and this high office was granted by the king at will, fometimes for life, and afterwards in fee. But, when it became too burdenfome, and could not be commodiously executed by a person of fo high rank and quality, it was thought neceffary to conftitute a perfon duly qualified to officiate in his ftead, who hence is called in Latin vicecomes, and in English, sheriff, from fire-reeve, i. e. governor of the shire or county. He is likewife confidered as bailiff to the crown; and his county, of which he has the care, and in which he is to execute the king's writs, is called the bailiwick. Although the fheriff is ftill called vicecomes, yet in all he does, all his authority is derived immediately, not from the earl, but from the king, who by his letters patent commits to him the guardianfhip of the county. He is therefore at this day confidered as an officer of great antiquity, truft, and authority, having, according to Lord Coke, triplicem cuftodiam, viz. vita juftitiæ, vite legis, et vitæ reipublica; vita juftitia, to ferve procefs, and to re

turn

turn indifferent juries for the trial of men's lives, liberties, lands, and goods; vitæ legis, to execute process and make execution, which is the life of the law; and vita reipublica, to keep the

peace.

It was ordained by the ftatute 28 Edw. I. c. 8. that the people fhould have the election of fheriffs in every fhire, where the office is not of inheritance; for, anciently, in fome counties the fheriffs were hereditary, as it feems they were in Scotland until the ftatute of 20 Geo. II. c. 43. and ftill continue in the county of Westmoreland, of which the earl of Thanet is the hereditary fheriff. The city of London too has the inheritance of the fhrievalty of Middlesex by charter. This office

may also defcend to, and be executed by, a female; for Anne countefs of Pembroke was hereditary fheriff of Westmoreland, and exercifed the office in perfon, fitting at the affizes at Appleby on the bench with the judges. And although at this day the king has the fole appointment of fheriffs, except in counties palatine, and where there are jura regalia, yet he cannot apportion or divide it, that is, he cannot determine it in part, as for one town or one hundred; neither can he abridge the sheriff of any thing incident or belonging to his office.

QUALIFICATION AND EXEMPTION. It is provided by feveral acts of parliament, that no man fhall be fheriff of any county unless he have in it fufficient lands to answer the king and his people, in cafe of complaint against him; and that no one that is steward or bailiff to a great lord fhall be made sheriff, unless he be put forth of fervice. The king having an interest in every fubject, and a right to his fervice, it is holden that no man can be exempt from the office of fheriff, but by act of parliament, or letters patent. Excommunication was held to be no excufe, because the party might have removed that dif ability; but a prifoner for debt is not bound. A man difabled by a judgment in law is excufed. Attornies are privileged under all circumstances; and fo by, ftatute 2 Geo. III. c. 20. are all perfons during the time they act as militia officers. No perfon can be placed or chofen in any office of mayor, sheriff, or other office of magiftracy, place, trust, or employment, concerning the government of any city, corporation, borough, cinque-port, and their members, or other port-town, that shall not have, within one year next before fuch choice, taken the facrament according to the rites of the church of England and every fuch perfon muft take the oaths of allegiance and fupremacy at the time when the oath for the due execution of the office fhall be administered. And in default, fuch choice fhall be void. Proteftant diffenters who are exempted by the toleration act, 1 Will. & Mary, ftat. 1. c, 18. from the obligation

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obligation of complying with the requifition of the corporation act, and who can plead their non-compliance as a reasonable and fufficient excufe, are not compellable to ferve this office, nor of courfe to pay any fine for refufal.

APPOINTMENT AND OATH. The high fheriff has his authority given him by two patents; by the one the king commits to him the cuftody of the county, and by the other, commands all other his fubjects within that county to be aiding and af fifting to him in all things belonging to his office. By the ftatute 9 Edw. ft. 2. the chancellor, treafurer, and judges are to meet on the morrow of All Souls, being the third of November, every year, in the exchequer chamber, to nominate perfons to be made theriffs; but by 24 Geo. II. c. 48. fheriffs are to be appointed on the morrow of Saint Martin. And the manner is, the lord chancellor, treafurer, and other high officers, being of the privy council, together with the judges of both benches, and the barons of the exchequer, being affembled in the exchequer chamber, nominate three perfons in every county, to be prefented to the king, that he may prick one of them to be heriff; but the king, by his prerogative, may make and appoint the sheriffs without this ufual election or nomination in the exchequer, as is the daily practice on the death of any fheriff. When the king appoints a perfon fheriff, who is not one of the three nominated in the exchequer, he is called a pocket fheriff. It is probable that no compulfory inftance of the appointment of a pocket fheriff ever occurred; the 'prerogative is ungracious, and whenever exercifed, unlefs the occafion is manifeft, the whole adminiftration of juftice throughout one county for a twelvemonth, if not corrupted, is certainly fuf pected. The fheriff's in the counties of Wales are nominated yearly by the lord prefident, council, and justices of Wales, and certified up by them, and after appointed and elected by the king as other sheriffs are.

Before he exercises any part of his office, and before his patent is made out, the fheriff is to give fecurity in the king's remembrancer's office in the exchequer under pain of 100% for the payment of his proffers, and all other profits of his fheriffwick; but thefe fecurities are never fued, unless there is a deficiency in the fheriff's effects. He alfo takes a particular oath of office, which is faid to be by the ancient common law, and contains a concife enumeration of the nature and feveral branches of his office. There being, however, in this oath, some things which were thought too flrict, it is now enacted by the 3 Geo. I. c. 15. that the following fhall be taken by all high fheriffs, except thofe of Wales, and the counties palatine: "I will well and truly ferve the king's majefty in the office of

"fheriff;

crown.

"fheriff; and promote his majesty's profit in all things that "belong to my office, as far as I legally can or may. I will "truly preferve the king's rights, and all that belongs to the I will not aflent to decrease, leffen, or conceal the king's rights, or the rights of his franchifes; and where"foever I fhall have knowledge that the rights of the crown ❝are concealed or withdrawn, be it in lands, rents, franchises, "fuits, or services, or in any other matter or thing, I will do "my utmost to make them be reftored to the crown again; "and if I may not do it myfelf, I will certify and inform the "king thereof, or fome of his judges. I will not respite or "delay to levy the king's debts for any gift, promife, reward, "or favour, where I may raife the fame without great griev"ance to the debtors. I will do right as well to poor as to "rich, in all things belonging to my office. I will do no "wrong to any man for any gift, reward, or promife, nor for "favour or hatred. I will disturb no man's right, and will "truly and faithfully acquit, at the exchequer, all thofe of "whom I fhall receive any debts or duties belonging to the "crown. I will take nothing whereby the king may lofe, or "whereby his right may be disturbed, injured, or delayed. I "will truly return, and truly ferve all the king's writs, according to the best of my skill and knowledge. I will take no bailiffs into my service but such as I will anfwer for, and "will caufe each of them to take fuch oaths as I do in what "belongs to their business and occupation. I will truly fet "and return, reasonable and due iffues of them that be within "my bailiwick, according to their eftate and circumftances; "and make due panels of perfons able and fufficient, and not "fufpected or procured, as is appointed by the ftatutes of this "realm. I have not fold, or let to farm, nor contracted for, "nor have I granted or promifed for reward or benefit, nor "will I fell or let to farm, nor contract for, or grant for re"ward or benefit, by myself, or any other perfon for me, or "for my use, directly or indirectly, my fheriffwick, or any "bailiwick thereof, or any office belonging thereunto, or the "profits of the fame, to any perfon or perfons whatsoever. I "will truly and diligently execute the good laws and ftatutes "of this realm, and in all things well and truly behave myself "in my office, for the honour of the king, and the good of his "fubjects, and difcharge the fame according to the best of my "fkill and power." A refufal of the oaths enjoined to be taken amounts to a refufal of the office; but if the fheriff is not in London, the oath may be taken by dedimus poteftatem,`directed to any two juftices of the peace of the fame county, one to be of the quorum, or to any other commiffioners, or before M m 4

one

one of the judges of affize for that county, or one of the mafters in chancery, who, it is faid, may, as well as the judge, adminifter fuch oath without any dedimus. The breach or violation of this oath, although an high offence, is not however punishable as perjury.

By ftat. 25 Chas. II. c. 2. the fheriff muft alfo, within fix calendar months after his election, take and subscribe the oaths of allegiance, fupremacy, and abjuration, in one of the courts at Westminster, or at the general or quarter-feffion of the place where he fhall be or refide, between the hours of nine and twelve in the forenoon, and no other; and within three months after election, receive the facrament, according to the rites of the church of England, in fome public church on the Lord's day; and in the court where he takes the oaths of allegiance, &c. he muft first deliver a certificate of having received the facrament, under the hand of the minifter and churchwarden, and then make proof thereof by two witneffes on oath; he must also, at the fame time, make and subscribe the declaration against tranfubftantiation. But now, by 16 Geo. II. c. 30., the time is enlarged to fix months after admittance and receiving the authority, and the not complying fhall incur all the difabilities of 25 Chas. II. The sheriffs of Wales and Chefter are not obliged to take thefe oaths, but must take the ancient accustomed oath, except certain words, obliging them to refide in their bailiwicks. Nor does the oath of office extend to the sheriffs of London and Middlefex, the county palatine of Durham, the county of Westmoreland, or to the theriffs of any city or town being a county of itself, so as to prevent their placing in, or difpofing of any of the offices of their under fheriffs, county-clerks, bailiffs, or other officers, or their continuance therein. After the fheriff has taken the oaths before-mentioned, then on the writ of difcharge being delivered to his predeceffor, the old fheriff, or his under-sheriff, at or before the next county court, the new fheriff must take over from the old one all hisprifoners, which are in the gaol, by their names,andall his writs precisely by view, and by indenture to be made between them, in which the retiring fheriff muft, at his peril, fpecify all the caufes which he has against every prifoner, as the new fheriff is not responsible in any matter which is omitted. The ancient fheriff is not difcharged, nor the new sheriff charged, till three things are done, viz. the patent to the new fheriff, the writ of difcharge to the old fheriff, and the delivery of the prifoners by indenture to the new fheriff.

A fheriff cannot be elected knight of the fhire for that county for which he is fheriff; and although he is, by virtue of his office, a confervator of the peace, yet it is enacted by the