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In cities,

&c.

Pricking for
Sheriffs.

twelvemonth, if not corrupted, is certainly suspected. The cause ought to be urgent, or inevitable, when recourse is had to this prerogative." In the city of Oxford, Berwick-upon-Tweed, Bristol, Canterbury, Chester, Exeter, Gloucester, Lichfield, Lincoln, Norwich, Worcester, York, Caermarthen, Haverfordwest, Kingstonupon-Hull, Newcastle-upon-Tyne, Nottingham, Poole and Southampton, the Council, that is, the Mayor, Aldermen and Councillors, are on the 9th of November every year, at the quarterly meeting of the Council, and immediately after the election of the Mayor, to appoint a fit person to execute the office of Sheriff,b who is to hold his office until the appointment of his successor.

The Bill or Nomination list, being thus approved of, and reported to H.M. in Council, she takes a pin, and to insure impartiality, as it is said, lets the point of it fall upon one of the three names; and the person, upon whose name it chances to fall, is Sheriff for the ensuing year. This is called pricking for Sheriffs; when done, the Statute commands that the same shall be forthwith notified in the London Gazette by the Clerk of the Privy Council.c

SECTION IV.

APPOINTMENT.

THE appointment for counties in England and Wales (except Middlesex, Lancashire, and Cornwall) is by a warrant signed by the Clerk of the Privy Council.

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during her

Whereas H. M. was this day pleased by and with the advice of her Privy Council to nominate and appoint you for and to be Sheriff of the county of Majesty's pleasure: These are therefore to require you to take the custody and charge of the said county and duly to perform the duties of Sheriff thereof during H. M.'s pleasure and whereof you are duly to answer according to law.

Dated this day of

By H. M.'s command,
C. D.e

The Sheriff thereupon, and upon taking the Oath of office hereinafter mentioned, has and exercises all powers, privileges, and authorities whatsoever, usually exercised and enjoyed by Sheriffs of counties in England and Wales, without any patent, writ of assistance, or other writ whatsoever, or entering into any recognizance by himself or sureties, and without payment of, or

a 1 Bl. Comm. 341, edit Christian.
b See 5 & 6 Will. 4, c. 76, s. 61,
amended by 6 & 7 Will. 4, c. 105, s. 4.
Coventry lost its Sheriff by the 5 & 6
Vict. c. 116, s. 10.

3 & 4 Will. 4, c. 99, s. 3.

d The appointment in a city or town, &c., may easily be framed from this. e 3 & 4 Will. c. 99, Sch.

The

being liable to pay, any fees whatsoever for the same." warrant must forthwith, after the pricking or nomination by H. M. (which usually takes place in Hilary Term next following), be transmitted, by the Clerk of the Privy Council, to the person so nominated and appointed. The same Officer must, within ten days next after the date of the warrant, transmit a duplicate thereof, to the Clerk of the Peace of the county for which such person is appointed Sheriff, to be, by the Clerk of the Peace, enrolled and kept without fee or reward. On receipt of this warrant, and before he enter upon the execution of his office, every one so appointed must take the oath of office. This oath must be fairly written on parchment (without being subject to any stamp duty) and signed by him. It may be sworn before any one of the Barons of the Court of Exch., or any one of H. M.'s Justices of the Peace for the county of which he shall be appointed Sheriff. It must, thereupon, be filed in the office of the Clerk of the Peace; to whom a fee of 5s. is due for the same.

Oath of High-Sheriff.

(Not being a Roman Catholic.)

I G. A. do swear that I will well and truly serve the Queen's Majesty in the In all counoffice of Sheriff of the county of and promote H. M.'s profit in all things that ties, cities belong to my office as far as I legally can or may: I will truly preserve the Queen's and towns rights and all that belongeth to the Crown; I will not assent to decrease lessen or in Engconceal the Queen's rights or the rights of her franchises; and whensoever I shall land.b have knowledge that the rights of the Crown are concealed or withdrawn be it in lands rents franchises suits or services or in any other matter or thing I will do my utmost to make them be restored to the Crown again; and if I may not do it myself I will certify and inform the Queen thereof or some of her Judges; I will not respite or delay to levy the Queen's debts for any gift promise reward or favour where I may raise the same without grievance to the debtors; I will do right as well to poor as to rich in all things belonging to my office: I will do no wrong to any man for any gift reward or promise nor for favour or hatred; I will disturb no man's right and will truly and faithfully acquit at the Exch. all those of whom I shall receive any debts or duties belonging to the Crown; I will take nothing whereby the Queen may lose or whereby her right may be disturbed injured or delayed; I will truly return and truly serve all the Queen's writs according to the best of my skill and knowledge; I will take no bailiffs into my service but such as I will answer for and I will cause each of them to take such oaths as I do in what belongeth to their business and occupation; I will truly set and return reasonable and due issues of them that be within my bailiwick according to their estates and circumstances and make due panels of persons able and sufficient and not suspected or procured as is appointed by the statutes of this realm; [I have not sold or let to farm or contracted for nor have I granted or promised for reward or benefit nor will I sell or let to farm nor contract for or grant for reward or benefit by myself or any other person for me or for my use directly or indirectly my sheriffwick or any bailiwick thereof or any office belonging thereunto or the profits of the same to

a Sect. 3.

b Except London and Middlesex, Cheshire and Durham; 3 Geo. 1, c. 15, 8. 18, confirmed by 3 & 4 Will. 4, c. 99, s. 6, and 5 & 6 Will. 4, c. 28. The Sheriff of Cheshire takes the same oaths as the Sheriffs of the several counties in Wales do, 3 Geo. 1, c. 15, s. 20. The Sheriffs of London and Middlesex and

those of Durham take the same oath as
the Sheriffs of English counties, except
that part that relates to the placing in
or disposing of any of the offices of their
Under-Sheriffs, County Clerks, Bailiffs,
or other Officers, or their continuance
therein. Ibid. sect. 21. This is now
the oath of the High Sheriff of West-
moreland, 13 & 14 Vict. c. 30.

any person or persons whatsoever;] I will truly and diligently execute the good laws and statutes of this realm; and in all things well and truly behave myself in my office for the honour of the Queen and the good of her subjects and discharge the same according to the best of my skill and power. So help me God.

["Ye shall swear that ye shall be good and true unto our Sovereign Lady the Queen of England and unto her heirs and successors; and the franchise of the City of London within and without ye shall save and maintain to your power; and ye shall well and lawfully keep the Shires of London and Middlesex and the offices that to the same Shires appertain to be done well and lawfully ye shall do after your wit and power; and right ye shall do as well to poor as rich and good custom you shall none break ne evil custom arrere and the Assize of Bread all and all other Victuals within the franchise of this City and without well and lawfully ye shall keep and do to be kept and the judgments and executions of your Court ye shall not tarry without cause reasonable; ne right shall you none disturb. The writs that to you come touching the state and franchise of this City you shall not return till you have shewed them to the Mayor and the Council of this City for the time being and of them have advisement and ready you shall be at reasonable warning of the Mayor for keeping of the peace and maintaining the state of the City; and all other things that longen to your office and the keeping of the said Shires law fully you shall do by you and yours; and the City you shall keep from harm after your power and the Shire of Middlesex; ne the Gaol of Newgate you shall not let to farm. As help you God.

"Ye shall also swear that ye shall freely give all such rooms and offices of Serjeants and Yeomen as shall happen to become void during the time ye shall remain in the Office of the Sheriffalty to such apt and able person and persons as shall be by you nominated to the Lord Mayor and Court of Aldermen and by them admitted without any money or other reward to be had taken or hoped for in respect thereof according to the act of Common Council made and provided in that behalf the nine and twentieth day of April in the six and twentieth year of the reign of our Sovereign Lady Queen Elizabeth. So God you help."] a

Every Sheriff shall, except as hereinafter mentioned, within six calendar months after his election, take and subscribe the oaths of allegiance, supremacy, and abjuration; and also take and subscribe the assurance in one of the Courts at Westminster, or at the General or Quarter Sessions of the Peace, where he shall be or reside between the hours of nine and twelve in the forenoon, and no other.b

Oath of Allegiance.

I G. A. do sincerely promise and swear that I will be faithful and bear true allegiance to H. M. Q. Victoria. So help me God.

a

On Michaelmas Day, at Guildhall, the Sheriffs of London and Middlesex take, in addition, what is here enclosed in brackets. Sheriffs, elected at the general election day, are to appear before the Court of Aldermen, on the 14th day of Sept., after their election, to enter into an obligation to the Chamberlain of the City, in the penalty of 1000l. conditioned to appear on Mich. Day at Guildhall and take this oath; if elected between the 14th and 22nd of Sept., and they do not take the oath on Mich. Day, or, if elected at any other period, and they do not within six days after notice of election take the oath,

they are liable to a penalty-if an Alderman of the City or a Commoner nominated by the Lord Mayor, to a penalty of 6007.; if any other freeman, to one of 4007. See "Pulling's Laws and Customs of London."

b There is, however, an indemnity act passed annually to protect persons who have omitted to take them. See 2 B. & C. 34, as to the antiquity of this oath, Co. Litt. 686.

c 1 Geo. 1, st. 2, c. 13, s. 1; see also 2 Geo. 1, c. 31, and 9 Geo. 1, c. 26. A neglect or refusal to take, &c., these oaths, renders the office void, 1 Geo. 1, c. 13, s. 7.

Oath of Supremacy.a

I G. A. do swear that I do from my heart abhor detest and abjure as impious and heretical that damnable doctrine and position that princes excommunicated or deprived by the Pope or any authority from the see of Rome may be deprived or murdered by their subjects or any other whatsoever: And I do declare that no foreign prince person prelate state or potentate hath or ought to have any jurisdiction power superiority pre-eminence or authority ecclesiastical or spiritual within this realm. So help me God.

Oath of Abjuration.b

I G. A. do truly and sincerely acknowledge profess testify and declare in my conscience before God and the world that our Sovereign Lady Q. Victoria is lawful and rightful Queen of this realm and all other H. M.'s dominions and countries thereunto belonging and I do solemnly and sincerely declare that I do believe in my conscience that not any of the descendants of the person who pretended to be Prince of Wales during the life of the late K. James the 2nd and since his decease pretended to be and took upon himself the style and title of King of England by the name of James the 3rd or of Scotland by the name of James the 8th or the style and title of K. of Gt. Britain hath any right or title whatsoever to the crown of this realm or any other the dominions thereunto belonging: And I do renounce refuse and abjure any allegiance or obedience to any of them. And I do swear that I will bear faith and true allegiance to H. M. Q. Victoria and her will defend to the utmost of my power against all traitorous conspiracies and attempts whatsoever which shall be made against her person crown or dignity. And I will do my utmost endeavour to disclose and make known to H. M. and her successors all treasons and traitorous conspiracies which I shall know to be against her or any of them. And I do faithfully promise to the utmost of my power to support maintain and defend the succession of the crown against the descendants of the said James and against all other persons whatsoever which succession by an Act intituled " An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject" is and stands limited to the Princess Sophia Electress and Duchess Dowager of Hanover and the heirs of her body being Protestants. And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken and according to the plain common sense and understanding of the same words without any equivocation mental evasion or secret reservation whatsoever. And I do make this recognition acknowledgment abjuration renunciation and promise heartily willingly and truly upon the true faith of a Christian.

Assurance.c

I A. B. do in the sincerity of my heart assert acknowledge and declare that H. M. Q. Victoria is the only lawful and undoubted Sovereign of this realm as well de jure that is of right Queen as de facto that is in the possession and exercise of the government. And therefore I do promise and swear that I will with heart and hand life and goods maintain and defend her right title and government against the descendants of the person who pretended to be Prince of Wales during the life of the late King James and since his decease pretended to be and took upon himself the style and title of King of England by the name of James the 3rd or of Scotland by the name of James the 8th or the style of K. of Gt. Britain and their adherents and all other enemies who either by open or secret attempts shall disturb or disquiet H. M. in the possession and exercise thereof.d

a See 31 Geo. 3, c. 32, s. 18. b 6 Geo. 3, c. 53, s. 1. Miller v. Salamons, 7 Ex. 475, affirmed in error. c 6 Geo. 3, c. 53.

d The Acts relating to declarations against transubstantiation were repealed

by 10 Geo. 4, c. 7, s. 1. By the stat. of 9 Geo. 4, c. 17, the Acts relating to the sacramental test were repealed, and, in lieu thereof, a declaration, prescribed by the Act, is to be made and subscribed; see also 5 & 6 Will. 4, c. 28.

Instead of the oaths of Allegiance, Supremacy, and Abjuration, H. M.'s subjects professing the Roman Catholic religion must take the following oath :

Roman Catholics' Oath.

I G. A. do sincerely promise and swear that I will be faithful and bear true allegiance to H. M. Q. Victoria and will defend her to the utmost of my power against all conspiracies and attempts whatever which shall be made against her person crown or dignity; and I will do my utmost endeavour to declare and make known to H. M. her heirs and successors all treasons and traitorous conspiracies which may be formed against her or them: And I do faithfully promise to maintain support and defend to the utmost of my power the succession of the crown which succession by an Act intituled "An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject" is and stands limited to the Princess Sophia Electress of Hanover and the heirs of her body being Protestants hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of this realm: And I do further declare that it is not an article of my faith and that I do renounce reject and abjure the opinion that princes excommunicated or deprived by the Pope or any other authority of the see of Rome may be deposed or murdered by their subjects or by any person whatsoever And I do declare that I do not believe that the Pope of Rome or any other foreign prince prelate person state or potentate hath or ought to have any temporal or civil jurisdiction power superiority or pre-eminence directly or indirectly within this realm. I do swear that I will defend to the utmost of my power the settlement of property within this realm as established by the laws: And I do hereby disclaim disavow and solemnly abjure any intention to subvert the present Church Establishment as settled by law within this realm: And I do solemnly swear that I never will exercise any privilege to which I am or may become entitled to disturb or weaken the Protestant religion or Protestant government in the U.K.: And I do solemnly in the presence of God profess testify and declare that I do make this declaration and every part thereof in the plain and ordinary sense of the words of this oath without any evasion equivocation or mental reservation whatsoSo help me God.

ever.

Oath of High Sheriff in Wales a and Cheshire.b

Ye shall swear that well and truly ye will serve the Queen in the office of Sheriff of the county of C. in Wales and do the Q.'s profits that belong to you by way of your office as far forth as you can or may. Ye shall truly keep the Q.'s rights and all that belong to the crown. Ye shall not assent to decrease to lessen or to concealment of the Q.'s rights or of her franchises. And whenever ye shall have knowledge that the Q.'s rights or the rights of the crown be concealed or withdrawn be it in lands rents franchises suits or any other thing ye shall do your power to make them be restored to the Q. again and if you may not do it yourself ye shall certify the Q. or some of her council thereof such as ye hold for certain will say it unto the Q. Ye shall not respite the Q.'s debts for any gift or favour when you may raise the same without great grievance to the debtors. Ye shall truly and righteously trust the people of your sheriffwick and do right to poor as to rich in all things that belongeth to your office. Ye shall do no wrong to any man for any gift or other behest or promise of goods for favour or sale. Ye shall disturb no man's right. Ye shall truly acquit all those of whom ye shall anything receive of the Q.'s debts. Ye shall nothing take whereby the Q. may lose or whereby that right may be disturbed letted or the Q.'s debts delayed. Ye shall truly return and truly serve all the Q.'s writs as put forth as is in your cunning. Ye shall none have to be your Under-sheriff of any of the Sheriff's clerks of the last year past. Ye shall take no bailiff into your service but such as you will answer for. Ye shall

a Free from stamp duty, 3 & 4 Will. 4, c. 99, s. 6.

b The 8 & 9 Vict. c. 11, did not

alter the oath of office; 3 Geo. 1, c. 15, 8. 20.

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