the city of London having alſo the inheritance of the ſhrievalty of Middleſex veſted in their body by charter[1]. The reaſon of theſe popular elections is aſſigned in the ſame ſtatute, c. 13. "that the commons might chuſe ſuch as would not be a burthen to them." And herein appears plainly a ſtrong trace of the democratical part of our conſtitution; in which form of government it is an indiſpenſable requisite, that the people ſhould chuſe their own magiſtrates[2]. This election was in all probability not abſolutely veſted in the commons, but required the royal approbation. For in the Gothic conſtitution, the judges of their county courts (which office is executed by our ſheriff) were elected by the people, but confirmed by the king: and the form of their election was thus managed; the people, or incolae territorii, choſe twelve electors, and they nominated three perſons, ex quibus rex unum confirmabat[3]. But, with us in England, theſe popular elections, growing tumultuous, were put an end to by the ſtatute 9 Edw. II. ſt. 2. which enacted, that the ſheriffs ſhould from thenceforth be aſſigned by the chancellor, treaſurer, and the judges; as being perſons in whom the ſame truſt might with confidence be repoſed. By ſtatutes 14 Edw. III. c. 7. 23 Hen. VI. c. 8. and 21 Hen. VIII. c. 20. the chancellor, treaſurer, preſident of the king's council, chief juſtices, 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 ſheriffs, uſed commonly to bear date the ſixth day of November[4]. The ſtatute of Cambridge, 12 Ric. II. c. 2. ordains, that the chancellor, treaſurer, keeper of the privy ſeal, ſteward of the king's houſe, the king's chamberlain, clerk of the rolls, the juſtices of the one bench and the other, barons of the exchequer, and all other that ſhall be called to ordain, name, or make juſtices of the peace, ſheriff's, and other officers of the king, ſhall be ſworn to act indifferently, and to name no man that ſueth to be put in office, but ſuch only as they ſhall judge to be the beſt and moſt ſufficient. And the cuſtom now is (and has been at leaſt ever
