Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/356

 340 the city of London having alo the inheritance of the hrievalty of Middleex veted in their body by charter. The reaon of thee popular elections is aigned in the ame tatute, c. 13. "that the commons might chue uch as would not be a burthen to them." And herein appears plainly a trong trace of the democratical part of our contitution; in which form of government it is an indipenable requisite, that the people hould chue their own magitrates. This election was in all probability not abolutely veted in the commons, but required the royal approbation. For in the Gothic contitution, the judges of their county courts (which office is executed by our heriff) were elected by the people, but confirmed by the king: and the form of their election was thus managed; the people, or incolae territorii, choe twelve electors, and they nominated three perons, ex quibus rex unum confirmabat. But, with us in England, thee popular elections, growing tumultuous, were put an end to by the tatute 9 Edw. II. t. 2. which enacted, that the heriffs hould from thenceforth be aigned by the chancellor, treaurer, and the judges; as being perons in whom the ame trut might with confidence be repoed. By tatutes 14 Edw. III. c. 7. 23 Hen. VI. c. 8. and 21 Hen. VIII. c. 20. the chancellor, treaurer, preident of the king's council, chief jutices, and chief baron, are to make this election; and that on the morrow of All Souls in the exchequer. And the king's letters patent, appointing the new heriffs, ued commonly to bear date the ixth day of November. The tatute of Cambridge, 12 Ric. II. c. 2. ordains, that the chancellor, treaurer, keeper of the privy eal, teward of the king's houe, the king's chamberlain, clerk of the rolls, the jutices of the one bench and the other, barons of the exchequer, and all other that hall be called to ordain, name, or make jutices of the peace, heriff's, and other officers of the king, hall be worn to act indifferently, and to name no man that ueth to be put in office, but uch only as they hall judge to be the bet and mot ufficient. And the cutom now is (and has been at leat ever Rh