But in the year 1315, one hundred years after Magna Carta, the
choice of sheriff's was taken from the people, and it was enacted:
"That the sheriffs shall henceforth be assigned by the chancellor,
treasurer, barons of the exchequer, and by the justices. And in
the absence of the chancellor, by the treasurer, barons and
justices." 9 Edward II., st. 2. (1315.)
These officers, who appointed the sheriffs, were themselves
appointed by the king, and held their offices during his pleasure.
Their appointment of sheriffs was, therefore, equivalent to an
appointment by the king himself. And the sheriffs, thus appointed,
held their offices only during the pleasure of the king, and were
of course mere tools of the king; and their selection of jurors
was really a selection by the king himself. In this manner the
king usurped the selection of the jurors who were to sit in
judgment upon his own laws.
Here, then, was another usurpation, by which the common law trial
by jury was destroyed, so far as related to the county courts, in
which the sheriff's presided, and which were the most important
courts of the kingdom.
Pages:
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348