restrains, regulates, and dissolves all ecclesiastical synods or convocations. The convocation, or ecclesiastical synod, in England, differs considerably in its constitution from the synods of other christian kingdoms: those consisting wholly of bishops; whereas, with us, the convocation is the miniature of a parliament, wherein the archbishop presides with regal state; the upper house of bishops represents the house of lords; and the lower house, composed of representatives of the several dioceses at large, and of each particular chapter therein, resembles the house of commons with its knights of the shire and burgesses. This constitution is said to be owing to the policy of Edward I.; who thereby, at one and the same time, let in the inferior clergy, to the privileges of forming ecclesiastical canons, which before they had not, and also introduced a method of taxing ecclesiastical benefices, by consent of convocation. From this prerogative also, of being the head of the church, arises the king's right of nomination to vacant bishoprics, and certain other ecclesiastical preferments; which will be more properly considered when we come to treat of the clergy. I shall only here observe, that this is now done in consequence of the statute 25 Hen. VIII. c. 20. As head of the church, the king is likewise the dernier resort in all ecclesiastical causes an appeal lying ultimately to him in chancery from the sentence of every ecclesiastical judge. QUESTIONS. What is the King's Prerogative? What is meant by the limitation of it? What do you understand by "The Royal Dignity ?” Is the king Supreme Head, in matters both ecclesiastical and civil ? Can any action or suit be brought against the King? Why? If the King's conduct were tyrannical, is his person nevertheless sacred? If a subject has a demand against the King in respect of property, has he any way of enforcing it? What do you mean by the phrase “ The King can do no wrong ? Can there be any stain or corruption of blood in the King? How did this principle operate in the case of Henry VII.? What inference is to be drawn from the appointment of a Protector, or Regent ? What do you mean by the phrase "The King never dies ? " Who will be answerable for the misuse of the Royal Prerogative? What is the King's character and capacity with regard to foreign concerns? On what principle is this? What is the king's power with reference to sending and receiving Ambassadors ? Who makes foreign treaties, leagues, and alliances ? Who is answerable for a dishonourable and disadvantageous treaty? Who has the absolute power of making War and Peace ? What are " safe conducts ?" Has the King any power to reject a Bill sent up from Parliament ? How does the King stand with reference to the Army? In what sense is the King called the "Fountain of Justice?" Why is it that legal proceedings are generally in the King's name, under his seal, and executed by his officers? What measures did Wm. III. and Geo. III. take to secure the independence of the Judges? Can the King personally sit in judgment? Is the Administration of Justice separated from the legislative and executive power? On what principle? What do you understand when you are told that the King is always present in all his courts? Who has the sole power of conferring nobility, knighthood, and other titles of distinction ? Who has the exclusive power and controul over the coinage of the realm ? In what relation does the King stand to the Church of England? What is the Convocation? Who has the ultimate decision of ecclesiastical causes ? SHERIFFS, CORONERS,-JUSTICES OF THE PEACE,— CONSTABLES. I. THE sheriff is an officer of very great antiquity in this kingdom, his name being derived from two Saxon words, rciregerera, the reeve, 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: 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 vice-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. The Sheriff's power and duty 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, and he has also a judicial power in divers other civil cases, which has been lately very greatly increased. He is likewise to decide the elections of knights of the shire (subject to the controul 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. 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. He may apprehend and commit to prison all persons who break the peace, or attempt to break it; and may hind any one in 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: and this summons every person above fifteen years old, and under the degree of a peer, is bound to attend upon warning, under pain of fine and imprisonment. But though the sheriff is thus the principal conservator of the peace in his county, yet, by the express directions of the great charter, 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 ordinary justice of the peace during the time of his office: for this would be equally inconsistent; he being in many respects the servant of the justices. 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 criminal matters, he also arrests and imprisons, he returns the jury, he has the custody of the delinquent, and he executes the sentence of the court, though it extend to death itself. As the king's bailiff, it is his business to preserve the rights of the king within his bailiwick; for so his county is frequently called in the writs; a word introduced by the princes of the Norman line, in imitation of the French, whose territory was divided into bailiwicks, as that of England into counties. He must seize to the king's use all lands devolved to the crown by attainder or escheat; must levy all fines and forfeitures; must seize and keep all waifs, wrecks, estrays, and the like, unless they be granted to some subject; and must always collect the king's rents within the bailiwick, if commanded by process from the exchequer. To execute these various offices, the sheriff has under him many inferior officers; an under-sheriff, bailiffs, and gaolers; who must neither buy, sell, nor farm their offices, on forfeiture of 5007. II. The CORONER's is also a very ancient office at the common law. He is called coroner, coronator, because he hath principally to do with pleas of the crown, or such wherein the king is more immediately concerned. And in this light the lord chief justice of the king's bench is the principal coroner in the kingdom, and may, if he pleases, exercise the jurisdiction of a coroner in any part of the realm. But there are also particular coroners for every county of England; usually four, but sometimes six, and sometimes fewer. This officer is of equal antiquity with the sheriff; and was ordained, together with him, to keep the peace, when the earls gave up the wardship of the county. He is still chosen by all the freeholders in the county court; as by the policy of our ancient laws the sheriffs, and conservators of the peace, and all other officers were, who were concerned in matters that affected the liberty of the people. And it was enacted by the statute of Westm. 1., that none but lawful and discreet knights should be chosen; and there was an instance in the 5 Edw. III., of a man being removed from this office, because he was only a merchant. But it seems it is now sufficient if a man hath lands enough to be made a knight, whether he be really knighted or not: for the coroner ought to have an estate sufficient to maintain the dignity of his office, and answer any fines that may be set upon him for his misbehaviour; and if he hath not enough to answer, his fine shall be levied on the county, as the punishment for electing an insufficient officer. Now, indeed, through the culpable neglect of gentlemen of property, this office has been suffered to fall into disrepute, and get into low and indigent hands; so that, although formerly no coroners would condescend to be paid for serving their country, and they were by the aforesaid statute of Westm. 1., expressly forbidden to take a reward, under pain of a great forfeiture to the king; yet for many years past they have only desired to |