His compensation too, as it should be, was liberal and adequate. The fees, for the levy of executions, were graduated by their amount, as they now are, beginning with one shilling upon the pound, one quarter part of which was to be paid over by all marshals and constables to the marshal general, who was likewise to have the sole benefit of the impost upon all strong waters brought into the country, and two pence a quart from all such as retail strong waters, together with one half of the fine of five pounds of all such as retail without license. In defining the duties of this officer, the bare mention of sheriff seems to be studiously avoided; for it is provided, that in commanding aid he shall have dence that this officer existed in the time of the Romans, than there is, that he attended at the court of Babylon, because our translators of the Bible have introduced sheriffs among the satraps and splendid pageants, that did homage on the plains of Dura to the idol of Nebuchadnezzar.

The subject is involved in the impenetrable mists of antiqui17; but whatever ministerial officer was employed to execute the mandates of the Cesars, we may rationally conclude from the structure of the word sheriff that it had an origin common to most of our valued institutions; and that it cannot be traced to a period more remote than that of the Saxons; and probably no farther than the time of Alfred the great. The curious inquirer into the antiquity and origin of many of the officers of the common law, is referred to the quaint epistles to Goke's Reports.

The different words used to describe this officer, or rather the variation in the orthography of the same word, affords presumptive evidence of its great antiquity, as well as of its Saxon origin. Thus we find that the Shiregerieve was the deputy of the earl or Eolderman.-(Henry's Hist. G. B. iii—344.)—Again, they are called Gerefas, or reeves of shires.-(Lingard's Hist. England, i-291.) He is likewise called Scirman or Shireman, and Eolderman or Alderman, and this too, as Coke says from the Mirror, in the laws of King Ina. It is worthy of inquiry whether either of those words indicate a period anterior to the reign of the Saxons. The evidence adduced to shew an earlier origin, is certainly of a doubtful character. When, and by whom the Mirror was written, is uncertain; although Coke claims for it an antiquity beyond the conquest, he admits that Horne added much to it, in the time of Ed. 2. The laws of the confessor rest upon grounds equally uncertain.-See Epis. lo 3, 9, and 10 Rep. - Hume Hist. 134. reign of Ed. Conf.-Also 193, and note K.

Dan. iii. 2, 3.-For the the character of the Sherifs or emirs of the Mahometans, see Gib. His. ix. 348.-Also, Ree's Cyclo. Art. Sherif.

like powers with constables. At his first appointment, he was called the "Beadle of the Society," and was not required personally to serve any process, but might authorize any one in writing to perform the duty.Col. Laws, 1650.-Hutch. His. Mass.-Willard's Address, p. 23.

In the beginning of the colony, the whole body of the freemen constituted the general court, or meeting of the corporation, and it was essential in such an assembly, to have some officer analogous to that of sergeant at arms, or messenger, to execute the orders of the court; and as this body possessed the judicial, as well as the legislative power, it could hardly be called an usurpation, to entrust him with the execution of every process issued by the court, whether civil or criminal. In 1634, the planters were settled so remotely from each other, that it was impossible for them to attend the general court, other than by deputies, and thus sprung up a representative assembly. The governor and assistants, called the magistrates, having some powers distinct from those of the whole body of freemen, very naturally formed the other branch or upper house of the legislature. County courts were established in 1643, to be held by one or more magistrates, and other meet persons to be chosen for that purpose, making five in the whole. The magistrates also now formed a judicial court, superior to that of the deputies, retaining a general appellate jurisdiction, and the trial of all capital offences. The trial by jury was introduced previously to these modifications. Through every change, the execution of all the orders of the court, including writs and processes of every kind, were committed to the marshals for service. The constables appear to have concurrent powers with the marshal, but the exact line of their duty is not nicely defined; it is probable, as they were town officers, as at the present time, that they executed such precepts as were issued by the selectmen, or magistrate, when the courts were not in session.

In the colony of Plymouth, which was the parent colony, although finally merged in the Massachusetts,

most of these institutions originated, and in a manner more simple than in Massachusetts. The settlers of the old colony had not even the semblance of a royal charter. They commenced a civil state by an original written contract. This paper, signed on board the May-Flower, before possession was taken of the promised land, is the only instrument of the kind to be found in the annals of the human race; and may be considered as the foundation of all the subsequent acts, declarations, and constitutions, that have carried the American people through so many dangers, to the present happy forms of civil government. At their first settlement, the affairs of this colony, whether legislative or judicial, were transacted in general courts, or primary assemblies, consisting of the whole body of the freemen. Some limited powers were given to the governor and assistants, who were styled magistrates; and in 1634, they were recognized as a separate judicial tribunal.* However, as early as 1623, the trial by jury was established in all matters civil or criminal; whether the whole court presided at their deliberations, or only the governor and assistants, does not appear. Subsequently, towns were established when the general court consisted of deputies, as in Massachusetts. The selectmen of the several towns had jurisdiction in small matters very similar to that now exercised by justices of the peace.

Constables were chosen at an early period, and a summary of their duties was contained in the oath administered to them.t

The office of marshal was recognized by a law of 1645, when it was ordered that executions, issuing from the general court, or court of assistants, should be served by him alone. In 1652, it was required that the chief marshal, and under marshals, should be under oath. Sheriffs are not named in any law of either colony.

For nearly half a century from the first settlement of New England, the authority of the king was not recognized by their writs, or in any of their judicial pro+ Ibid, 236-Ibid, part 11-81.

* 1 Baylies Hist. 55.

ceedings. While they acknowledged a nominal allegiance to the British crown, they thus covertly exercised almost every prerogative of an independent sovcreignty,

In this brief review, we may trace in embryo, many of our valued institutions, and almost every thing that characterizes our form of government. Our judiciary has undergone many important modifications, but every thing that is peculiar to the system, may be traced to the institutions of the pilgrims. The office of sheriff, in Great Britain, and in most of the governments where the English common law prevails, is essentially different from what it is here. The relation of sheriff and deputy is peculiar to New England, but it is almost precisely like that of the colonial marshal, and his deputies. In the office of under sheriff, and the three classes of deputies which follow in the retinue of the English sheriff, there is not any thing to be found analogous to the office of deputy sheriff as it exists here.*

The encroachments upon the charter privileges, did not escape the vigilance of the officers of the British throne. Events, which prove to the pious mind, in a striking manner, the existence of a particular Providence over the affairs of men, prevented any interference, until after the expulsion of the Stuarts, when the spirit of English liberty prohibited the renewal of the charter upon any principles inconsistent with the rights of free born men, owing allegiance to a limited monarchy.

Massachusetts in 1692, became a royal province. The highest offices were made dependent upon the crown, and badges of royalty were sought after by the third generation from the Puritans. The office of sheriff was provided for by the new charter, and writs were now directed in the name of our sovereign Lord

* See the interesting dissertation upon the office of Massachusetts sheriff, by the learned lawyer who so ably executes the duties of first executive magistrate of the county of Suffolk, to whom the compiler feels indebted for many valuable hints in this treatise.-American Jurist, No. iii.-pp. 1-25.

and Lady, to the sheriff of the county, his under sheriff or deputy, although one of those offices never existed here. The same powers, and none other, were given to them, that had formerly been exercised by the marshals and their deputies. This mode of executing writs continued until the formation of the constitution of 1780, when a more enlightened generation, finding no terror in words after the odious spirit that gave them power had fled, continued the office of sheriff in the form that now so happily affords us security for life, liberty and property. See Judge Story's Inaugural Address.-Sullivan's Address to the Bar of Suffolk, and Willard's Address to the Bar of Worcester.—Also, N. A. Review, xvii. 78.—1 Big. Hist. Eng. 73.