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diction at sessions. And as to the powers given to one, two, or more justices, by the several statutes, which from time to time have heaped upon them such an infinite variety of business, that few care to undertake, and fewer understand the office; they are such, and of so great importance to the public, that the country is greatly obliged to any worthy magistrate, that without any sinister views of his own will engage in this troublesome service. And therefore, if a well-meaning justice makes any undesigned slip in his practice, great lenity and indulgence are shown to him in the courts of law; and there are many statutes made to protect him in the upright discharge of his office; which, among other privileges, prohibit such justices from being sued for any oversights, without notice beforehand; and stop all suits begun, on tender made of sufficient amends. But on the other hand, any malicious or tyrannical abuse of their office is usually severely punished; and all persons who recover a verdict against a justice, for any wilful or malicious injury, are entitled to double costs.

I shall next consider some officers of lower rank than those which have gone before, and of more confined jurisdiction; but still such as are universally in use through every part of the kingdom.

IV. Fourthly, then, of the constable. The word constable is frequently said to be derived from the Saxon koning-rcapel, and to signify the support of the king. But as we borrowed the name as well as the office of constable from the French, I am rather inclined to deduce it, with sir Henry Spelman and Dr. Cowel, from that language; wherein it is plainly derived from the Latin comes stabuli, an officer well known in the empire: so called, because, like the great constable of France, as well as the lord high constable of England, he was to regulate all matters of chivalry, tilts, tournaments, and feats of arms, which were performed on horseback. This great office of lord high constable hath been disused in England, except only upon great and solemn occasions, as the king's coronation and the like, ever since the attainder of Stafford, duke of Buckingham, under king Henry VIII.; as in France it was suppressed, about a century after, by an edict of Louis XIII; but from his office, says Lambard, this lower constableship was at first drawn and fetched, and is as it

were a very finger of that hand. For the statute of Winchester*, which first appoints them, directs that, for the better keeping of the peace, two constables in every hundred and franchise shall inspect all matters relating to arms and

armour.

Constables are of two sorts, high constables and petty constables. The former were first ordained by the statute of Winchester, as before mentioned; are appointed at the courts leet of the franchise or hundred over which they preside, or, in default of that, by the justices at their quarter sessions; and are removable by the same authority that appoints them. The petty constables are inferior officers in every town and parish, subordinate to the high constable of the hundred, first instituted about the reign of Edward III. These petty constables have two offices united in them; the one ancient, the other modern. Their ancient office is that of headborough, tithing-man, or borsholder, of whom we formerly spoke, and who are as ancient as the time of king Alfred: their more modern office is that of constable merely; which was appointed, as was observed, so lately as the reign of Edward III., in order to assist the high constable. And in general the ancient headboroughs, tithing-men, and borsholders, were made use of to serve as petty constables; though not so generally, but that in many places they still continue distinct officers from the constable. They are all chosen by the jury at the court leet or, if no court leet be held, are appointed by two justices of the peace.

The general duty of all constables, both high and petty, as well as of the other officers, is to keep the king's peace in their several districts; and to that purpose they are armed with very large powers, of arresting and imprisoning, of breaking open houses, and the like: of the extent

* We are disposed to think that the origin of this office will be found to be more ancient than the statute of Winchester or Winton, which was passed in the 13th year of the reign of Edward I.: for statute 14 Henry III., enacts as follows: "In qualibet villâ sit unus constabularius ad quorum summonitionem omnes jurati in wardâ suâ conveniant."

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And

statute 26 Henry III., which partly resembles the statute of Winton, enacts, "In singulis villis constituantur unus vel duo constabularii. "In singulis vero hundredis unus capitalis constabularius ad cujus "mandatum omnes jurati ad arma de hundredo conveniant, et ei sint "intendentes ad faciendum ea quæ spectant ad conservationem pacis."

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of which powers, considering what manner of men are for the most part put into these offices, it is perhaps very well that they are generally kept in ignorance. With regard to the infinite number of minute duties, that are laid upon constables by a diversity of statutes, I must refer to Mr. Lambard and Dr. Burn; in whose compilations may be also seen, what powers and duties belong to the constable or tithing-man indifferently, and what to the constable only for the constable may do whatever the tithing-man may; but it does not hold, e converso, the tithing-man not having an equal power with the constable.

QUESTIONS.

What is the etymology of the word "Sheriff," and the signification of the word?

What is the duty of the Sheriff in his judicial capacity? As keeper of the King's peace?

May a Sheriff be an ordinary Justice of the Peace during the time of his office?

What is his duty as the ministerial officer of the Courts of Justice? As the King's bailiff?

What is the meaning of the word "Coroner," and what are the duties of that Officer?

Is the Lord Chief Justice of the Court of King's Bench a Coroner?

How many Coroners are there generally for each county?

Is the Coroner's an ancient office?

How is he chosen? Why?

How long does his office last?

Is his duty chiefly ministerial, or judicial?

What is the signification of the phrase, "The King's Peace?"

Who are keepers of the King's peace, virtute officii?

Were Justices of the Peace ever appointed otherwise than by the Crown?

Explain the change that was effected?

How are Justices of the Peace now appointed?

What is "The Quorum?"

What estate or property must one have to be qualified to act as a Justice of the Peace?

What puts an end to the office of Justice of the Peace?

How are these Officers protected from being harassed by lawsuits for petty errors and slips?

What is supposed to be the derivation of the word "Constable ?"

What is a "High Constable," and what a "Petty Constable?"

and how were they appointed?

How are they now chosen?

THE PEOPLE.

ALLEGIANCE-NATURAL-BORN SUBJECTS-ALIENS

DENIZENS-NATURALIZATION.

THE first and most obvious division of the people is into aliens and natural-born subjects. Natural-born subjects are such as are born within the dominions of the crown of England; that is, within the ligeance, or, as it is generally called, the allegiance of the king: and aliens, such as are born out of it. Allegiance is the tie, or ligamen, which binds the subject to the king, in return for that protection which the king affords the subject. The thing itself, or substantial part of it, is founded in reason and the nature of government; the name and the form are derived to us from our Gothic ancestors. Under the feodal system, every owner of lands held them in subjection to some superior or lord, from whom or whose ancestors the tenant or vassal had received them: and there was a mutual trust or confidence subsisting between the lord and vassal, that the lord should protect the vassal in the enjoyment of the territory he had granted him, and, on the other hand, that the vassal should be faithful to the lord and defend him against all his enemies. This obligation on the part of the vassal was called his fidelitas or fealty; and an oath of fealty was required, by the feodal law, to be taken by all tenants to their landlord, which is couched in almost the same terms as our ancient oath of allegiance; except that in the usual oath of fealty there was frequently a saving or exception of the faith due to a superior lord by name, under whom the landlord himself was perhaps only a tenant or vassal. But when the acknowledgment was made to the absolute superior himself, who was vassal to no man, it was no longer called the oath of fealty, but the oath of allegiance; and therein the tenant swore to bear faith to his sovereign lord, in opposition to all men, without any saving or exception : "contra omnes homines fidelitatem fecit." But with us in

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