Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/359

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Ch. 9.
of Persons.
343

months after the king's demiſe, unleſs ſooner diſplaced by the ſucceſſor. We may farther obſerve, that by ſtatute 1 Ric. II. c. 11. no man, that has ſerved the office of ſheriff for one year, can be compelled to ſerve the ſame again within three years after.

We ſhall find it is of the utmoſt importance to have the ſheriff appointed according to law, when we conſider his power and duty. Theſe 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, of which more in it's proper place: and he has alſo judicial power in divers other civil caſes[1]. He is likewiſe to decide the elections of knights of the ſhire, (ſubject to the control 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[2]. He may apprehend, and commit to priſon, all perſons who break the peace, or attempt to break it: and may bind any one in a 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[3]: which ſummons every perſon above fifteen years old, and under the degree of a peer, is bound to at-

  1. Dalt. c. 4.
  2. 1 Roll. Rep. 237.
  3. Dalt. c. 95.
tend