[12]
[1] The proofs of this principle of the common law have already
been given on page 120, note.
There is much confusion and contradiction among authors as to
the manner in which sheriffs and other officers were appointed; some
maintaining that they were appointed by the king, others that
they were elected by the people. I imagine that both these
opinions are correct, and that several of the king's officers
bore the same official names as those chosen by the people; and
that this is the cause of the confusion that has arisen on the
subject.
It seems to be a perfectly well established fact that, at common
law, several magistrates, bearing the names of aldermen, sheriff,
stewards, coroners and bailiffs, were chosen by the people; and
yet it appears, from Magna Carta itself, that some of the king's
officers (of whom he must have had many) were also called
"sheriffs, constables, coroners, and bailiffs."
But Magna Carta, in various instances, speaks of sheriffs and
bailiffs as "our sheriff's and bailiffs;" thus apparently
intending to recognize the distinction between officers of the
king, bearing those names, and other officers, bearing the same
official names, but chosen by the people.
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