410 
fix any direct charge upon him, through 
his officer, when he is not even chosen 
from among their body. That acts 
have been passed relating to. him is 
true; but an undue stretch of power 
proyes no inherent right. The king 
appoints his own officer to execute 
what he is himself supposed to per- 
form; the Lords and representatives 
of the people have, therefore, no right 
to interfere in what alone belongs to 
the sovereign: but, if either House 
of parliament has a right, it is the 
Lords, who are the King’s council ; 
but they ought only to interfere as his 
advisers, not as having any authority. 
It cannot be admitted that they have 
a right, empowering them to bring in 
and pass a bill, upon which to frame 
a law, binding to the sovereign’s de- 
puty, unless it is also admitted, that 
they have the power of altering and 
amending the duties of the King him- 
self. The Commons are neither his 
advisers nor council, and consequently 
cannot be supposed to have any thing 
to do with an office in which they are 
no way concerned; and hence it arises, 
I conceive, that the laws and rights, 
which attach to the office of Sheriff, are 
neither clearly defined nor understood. 
The situation of Sheriff has varied, 
in its authority and powers, full as 
much as any other under the Crown. 
In one century, it has been the highest 
office in each county; and, at the cor- 
responding period in the next, it has 
been held in little or no consideration. 
The degrees of esteem in which it has 
been held at different times manifests 
itself in no way more than in the va- 
rious ideas of dignity attached to it by 
law, as opposed to public estimation ; 
and, at the present day, the former 
ranks it as the highest situation in 
every county, whilst the latter looks 
upon it as being the last of all respec- 
table public functions. At one time, 
it was considered, in every respect, as an 
office of profit and honour; now, it is 
only thought the latter by him who has 
no other recommendation ; and no one 
who has ever served has been known 
to allow, that the former has fallen to 
his lot.* 
I do not mean to assert, that no pro- 
fits belong to the situation ; because it 
is well known, that there are many of 
which a Sheriff might avail himself, if 
he knew how; but which it is impos- 
* I am not sure how far this is the case 
in Durham, London, &c. 
On the Office of Sheriff: 
[June I, 
sible for him to touch, as he and his 
Under-Sheriff stand related to each 
other at this day ; the Under-Sheriff, 
taking all the emoluments, which, even 
supposing they went into the purse of 
the High Sheriff, would go but a short 
way in indemnifying him from the losses 
and almost incalculable expenses he is 
obliged to undergo, to keep up his own 
dignity, as well as that of his county. 
Although it is true, as I have before 
stated, that Parliament ought not to 
interfere in legislating for an officer 
who is not appointed by it, but by the 
the Sovereign ; nevertheless, it might 
with great justice ease the burthen 
thrown upon him, by placing it more 
equally upon those who derive all the 
benefit from it. If a Sheriff be neces- 
sary to the execution of justice through 
the realm, the expense of the benefit 
accruing to the public should not fall 
upon him, any more than upon the 
Judge who goes the circuit, and derives 
his authority. from the same. royal 
source as the Sheriff himself. In equity, 
there is not any apparent reason why 
one officer should be at great personal 
inconvenience and expense; while at 
the same time, another officer,employed 
on the same business, should not only 
be exempt from all charges, but receive 
a handsome remuneration. | Besides 
the duties falling upon Sheriffs, at the 
assizes, there are many others which 
are a never-failing source of profit to 
all officers connected therewith, except 
to the Sheriff himself, who gains little 
other than trouble and responsibility. 
Originally, there were allowances which 
covered all expenses; but these, if they 
have not been curtailed, have remained 
stationary; whilst the progressive in- 
crease of expense has gone forward, 
and those sums which formerly proved 
sufficient to carry the Judges through 
their respective circuits, would not now 
cover some of even the most trifling 
expenses incurred on their account. 
The allowances granted to the Sheriff 
were formerly sufficient to cover all 
the debts necessarily contracted for the 
benefit of the Judge; and such was 
the original intention of allowing him 
his cravings, which was sufficient to 
reimburse him. But now, the least a 
Sheriff has to fear, is what he is liable 
to on account of the Judges: endless 
duties are heaped upon him, and he is 
made responsible for debts, security 
of county gaols, county courts, and in- 
numerable other charges unknown to 
our forefathers. 
: It 
