A BRIEF AND EXACT TREATISE DECLARING How the Sheriffs, and all other the great Officers of this KINGDOM have been Anciently elected and chosen.  
Also how far the KING'S Prerogative, and the Privileges of PARLIAMENT, did extend in their election.  
With some other matters of great Consequence, touching the Fundamental Laws of this Land, most necessary for these times.  
Collected and proved out of divers Statutes and Records, now in force  
Decemb. 13. London, Printed for T. I. 1642.   

A Brief and exact Treatise, declaring how the Sheriffs and all other the great Officers of this Kingdom have been anciently elected and chosen.  
I Conceive that by the ancient frame and constitution of this Kingdom, all Officers were chosen by the people, over whom they had Jurisdiction; and that they had such to govern them, as they most confided in; And an Office is but a trust committed to certain Persons, for their orderly & peaceable government, & securing them in their persons and estates from violence and wrong, as appeareth by the ensuing particulars.  
1. Officers of a Tithing, as (anciently) of ten families, were chosen, by the Inhabitants of the Tithing only, and by no other; and was by them presented (as their pledge and ruler) unto the Leete to be sworn, to the due execution of his office within his Tithing.  
Constables were in former times (as yet are in most places) chosen by the persons over whom he was to excercise his Jurisdiction, whether it were of a particular Town, or Parish, and they presented him to the hundred Court, or Leete, where he was sworn to execute his Office, within the precinct of his Jurisdiction.  
The Coronner was and is an office whose Jurisdiction was of a larger extent, for it extendeth over the whole County; and therefore he is chosen by the Freeholders of the County, and sworn in the County Court, upon a Writ de coronatore eligendo. Fitz. nat. br.  
The Sheriff also being an Officer of the County, was in former times also chosen in the County Court, as appeareth by Lambert in his Saxon Laws Fol. 136. and Stat. 28. Ed. 1. Cap. 8.13. and afterwards taken from them, and given to the King, by Stat. 9 Ed. 2.  
There was also in former times other Officers chosen in every County, by the people of the County, to see the great Charter of 9 H. 3. duly observed, and to punish such as went against the same in any point, as appears by Stat. 28. Ed. 1. Cap. 1. who were also to inquire of, and punish such, as offended against Stat. of Winch. An. 13. Ed. 1. as appears by Stat. 28. Ed. 1. Cap. 17.  
The Lieutenant of every County in former times known by the name of Heretoch, who had the Militia of the County committed to his charge. This Officer also was chosen by the Inhabitants of the County (or as some conceive by the Parliament) as appears in Lamb. Saxon Laws Fol. 136.  
Mayors and Bailiffs of Towns Corporate, are chosen by their Corporations, and so continue to this day.  
Knights. of the Parliament are chosen by the Freeholders of the County for whom they serve, Stat. 7. H. 4. Cap. 15. Stat. 1. H. 5. Cap. 1. Stat. 8. H. 6. Cap. 7. Stat. 10. H. 6.2.  
It seems also that the great Officers of the Kingdom, whose Jurisdiction extended over the whole Realm, were under the same rule, as the Lord Chancellor, who hath the custody of the great Seal of England (being the public Faith of the Kingdom) and being an Officer over the whole Realm, was in former times chosen in Parliament. Lamb. Archdion. pag. 48. daniel's Chronicl; page 139. 148. 195. The life of H. 3. page. 22.  
The chief Justice being a public Officer, unto whom the Justice of the whole Kingdom, in matters criminal was committed of trust, was also chosen by the Parliament, as appears by the places before quoted.  
The Lord Admiral, to whose care the defence of the Kingdom by Sea was committed, was in ancient times chosen in Parliament, as is expressed in the Parliament of Rich. 2. and Seldens mare clausaum page 169. 186. 188. compared with Lambb. Saxon Laws; Foll. 136.  
The Lord Treasurer, to whom the Treasure of the Kingdom was committed, was also chosen in Parl. L. Ar. page 48. Dan. Chr. page 139. 195.  
The Captain of Calais, Rich. Earl of Warwick in time of H. 6. refused to give up his Captainship of Calais unto the KING, being required, because (as he saith) he received the same in Parl. and was to resign it to them again. cowels interpreter, in the word Parliament.  
Anno 15. Ed. 3. the KING was Petitioned in Parl. that the high Officers of the Kingdom might (as in former times) be elected in Parl. to which the KING yielded, that they should be sworn in Parl. Dan. Chr. page 195. see the Petitioners of Parl. de anno 15. Ed. 3.  
The King himself cannot give away his Kingdom, because of the Interest which the Subjects hath in it, as was resolved in KING john's case, Davies Reports fol. 94. Rot. Parliament. 40. Ed. 3.11.7.8. neither could he give away his title to Scotland, though not in his actual possession, as was resolved 1. H. 7. fol. 10.  
The KING cannot by will give away the goods of the Crown, in case he makes executors by his Will, but shall remain to the Crown, and go to his Successors. Cook lib. 11. fol. 91.92. Neither can the KING Issue his treasure without warrant under the great seal, or privy seal; Cook lib. 11. fol. 91. Br. prerogative 5.35. H. 6.25. The KING cannot release the fealty of his Subjects 8. H. 7. fol. 12.13.  
The KING cannot grant away his prerogative, as to give power to another to pardon Felons, because of the trust between him and the Subject, 20. H. 7. fel. 6. or to make a Justice of Record, or to make Denizens Ibid.  
The KING cannot pardon a common Nuisance, because of the Interest of the people, Br. Nuisance 15. 11. H. 7. fol. 20. 35. H. 6. fol. 29. b.  
There is a league between the KING and his Subjects, 20. H. 7. fol. 8. The KING cannot arrest a man, upon suspicion of Felony or Treason, because the party cannot have his action against him for it, Br. prerogative 139. 1. H. 7. fol. 4. 22. H. 1. 6. fol. 46. p. Newton.  
The KING cannot dispense with a Stattute which doth ordain Law, 8. H. 6. fol. 21. Cook's institutes fol. 120.234.  
If the KING command a thing not warrantable, it is as if they had no command; Dyer. 13. Eliz. fol. 297. Dyer fol. 175. pl. 26. snaggs case.  
The KING cannot by his Charter, Out the common people of their Rights of Inheritance, which they have in the common Law; Stat. 27. H. 8. Cap. 26. 19 H. 6. fol. 63. Plod. Com. 55.120. b.   
FINIS.