Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/360

 344 tend upon warning, under pain of fine and imprionment. But though the heriff is thus the principal conervator of the peace in his county, yet, by the expres directions of the great charter, he, together with the contable, 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 jutice hould be alo the judges; hould impoe, as well as levy, fines and amercements; hould one day condemn a man to death, and peronally execute him the next. Neither may he act as an ordinary jutice of the peace during the time of his office : for this would be equally inconitent; he being in many repects the ervant of the jutices.

his miniterial capacity the heriff is bound to execute all proces iuing from the king's courts of jutice. In the commencement of civil caues, he is to erve the writ, to arret, and to take bail; when the caue comes to trial, he mut ummon and return the jury; when it is determined, he mut ee the judgment of the court carried into execution. In criminal matters, he alo arrets and imprions, he returns the jury, he has the cutody of the delinquent, and he executes the entence of the court, though it extend to death itelf.

the king's bailiff, it is his buines to preerve the rights of the king within his bailiwick; for o his county is requently called in the writs: a word introduced by the princes of the Norman line; in imitation of the French, whoe territory is divided into bailiwicks, as that of England into counties. He mut eie to the king's ue all lands devolved to the crown by attainder or echeat; mut levy all fines and forfeitures; mut eie and keep all waifs, wrecks, etrays, and the like, unles they be granted to ome ubject; and mut alo collect the king's Rh