SHERIFF.
Sheriff or Shireve, is derived of two Saxon words, viz. Shire comitatus, which cometh of* 1.1 the Saxon verb, Shiram id est partiri, because the whole Realm is parted, and divided into Shires▪
A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
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- Title
- A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
- Author
- Leigh, Edward, 1602-1671.
- Publication
- London :: Printed by A.M. for Charles Adams, and are to be sold at his shop ...,
- 1658.
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- Subject terms
- Law -- Terminology.
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http://name.umdl.umich.edu/A50063.0001.001
- Cite this Item
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"A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A50063.0001.001. University of Michigan Library Digital Collections. Accessed June 8, 2024.
Pages
Page 211
and Reve praefectus, or praepositus, so as Sheriff is ••raefectus provinciae, or Comitatus, Keeper of the Shire or County, the words of his Patent be com∣missimus vobis custodiam comitatus nostri. And he hath triplicem custodiam, a three-fold custody, viz.
- 1. Vitae Iustitiae, for no suit begins, and no pro∣cess is served but by the Sheriff.
- 2. Vitae Legis, he is after long Suits, and charge∣able to make execution, which is the l••••e and fruit of the Law.
- 3. Vitae Reipublicae, he is Principalis conservator* 1.2 pacis, within the County, which is the life of the Common-wealth. He is called in Lain vice co∣mes, id est, vice comitis, that is instead of the Earl of the County, who in antient time had the Re∣giment of the County under the King, Sheriffs were great Officers, and Ministers of Justice long before the Conquest, and Justices of Peace had not their being untill almost 300 years after, viz. in the first year of Edward the 3d.
When the King makes a Sheriff, durante bene∣placito, although he may determine his Office at* 1.3 his pleasure, yet he cannot determine this in part, nor abridge the Sheriff of any thing incident or appurtenant to his Office, for the Office is in∣tire, and it ought to continue so without any fracti∣on or diminution, unless it be by Act of Par∣liament.
Notes
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* 1.1
Cook on Lit. l. 3. c. 1. sect. 248.
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* 1.2
Vita rei∣publicae pax. Vicem ge∣rens seu vicarius comitis. Cook pre∣face to 3d Rep.
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* 1.3
Cook 4th Rep. Mit∣tons case.