Sheriffs of Oneida County (Classic Reprint)
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| Partner: | buecher.de |
| Hersteller: | Forgotten Books (Bielby, Isaac P.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Sheriffs of Oneida County The office of Sheriff has descended to us from bygone days. Some historians with great show of probable truth, have placed its origin in the proconsel of the ancient Romans; others have endeavored to trace it to corresponding positions under patriarchs, emperors and kings. But whatever may be the fact, it is the same now as it was a thousand years ago in the reign of Alfred the Great. He brought from out the chaos of Anglian governmental machinery, a tangible division of his Kingdom into Sceyres or Earldoms, now called counties or shires. The government of these shires was entrusted to an Earl or Comes. The Shire Keeper was the same as our Sheriff. He was appointed and ordained by the King as Keeper of the Peace and Governor of the Shire. His power was very great; the executed the King´s commands and ruled with authority of his own. In many cases he was an arbitary tyrant, having the discretionary powers of Judge, Jury and Executioner. In due time came the Magna Charter of John, an enactment memorable for its construction and frequent violation. It was constantly and continually being confirmed and reconfirmed until in 1216, Henry III, then a minor, had it revised and re enacted. It was duly confirmed by the Earl of Pembroke and Papal Nuncio. When the King attained his majority it was again reconfirmed in the form in which it appears on our law books. This act modifies the judicial authority. The statute of Edward I, gave the people the right to elect their own Sheriffs, but the officers used their power to secure are-election and so abused their trust, that the people asked that the law be repealed. Edward II caused the constitution to be so amended as to give the nominating power to the Judges of the courts. No person was allowed to take the appointment unless he had sufficient land and property to answer to the King and the people During the following reign it was enacted that no person should hold the office more than one year. Under Richard III it was declared that no man who had served should be chosen again within three years. This was enforced by Henry VI by an act to secure its observance. Large penalties were imposed for any violation, one half going to the King and the remainder to the informer. By another act in the same reign, Sheriffs were allowed to take bail and appoint constables or bailiffs to attend the courts in their shires. At this time, the Sheriff received no salary, or fees. The office was honorary and soon became onerous and burdensome. He was not a creature of the crown, but of the Courts. Later he was again made the King´s representative in the county and his power enlarged. The bailiffs or constables were under him as keepers of the town. Ten families of freeholders constituted a town or tithing, ten of these towns constituted a hundred, which was placed under the government of a high constable or bailiff, who, in ancient days, presided in the hundreds court. An indefinite number of the hundreds made up a shire or county. Under his combined judicial and executive authority, the Sheriff could both arrest and try offenders. He stood under the commission of the King, the arbitrary ruler of the shire. At his command the people must obey under the penalty of fine and imprisonment. By statute of Henry IV if any riot or unlawful assembly or rout of people was made against the law within the Kingdom, whether in the presence of some justice or otherwise, the justices of the peace not less than two in number, and three as a quorum, and the Sheriff or Under Sheriff of the county, were enjoined to come with the power of the county and arrest them. They were also required to make a record of all that was done and in their discretion the offenders could be convicted. The power of the county or possee comitatus was regulated by statute of Henry VI by which it was enacted that the Kings ilege people, except women, infants under
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