But, it should be understood that, it will not suffice for any one to constitute another his Bailiff[413] or Steward[414] for the managing his Lands and affairs, even if it be made to appear to the Court, in order that he should be received in Court in any Suit in the place of his Principal.[415] But, it is necessary that, a special authority should be delegated for this purpose; and that the Attorney should, in the manner before described, be put in his place, expressly in that particular Action, to lose or gain for him. [Footnote 413: _Ballivum_. It is the opinion of Sir Henry Spelman, that we received the term from the Normans. There is, indeed, frequent mention of such an officer in the Grand Custumary. (c. 4. &c.) But Lord Coke thinks, we received it from the Saxons. It occurs in a law of Edward the Confessor, if it be not an interpolation of a later age. (Ed. Conf. LL. c. 35.) It has been received in a variety of significations—As meaning a Judge, an Officer of the Crown, a Bailiff of a hundred, of a Liberty, and of a Borough, of a Manor and of an Estate. (Spelm. Gloss. ad voc.) Cowell, who deduces the word from the French, thinks our Sheriffs were formerly called Bailiffs, as their Counties are termed Bailiwicks. (Cowell ad voc.) See Fleta L. 2.] [Footnote 414: _Seneschallum_—“Is,” says Cowell, “a French word, but borrowed from Germany, being, as _Tilius_ saith, compounded of _Schal_, i.e. _servus aut officialis_, and _gesnid_, i.e. _familia_. We English it Steward.” (Cowell’s Interp. ad voc. Seneshall. See also Madox’s Excheq. c. 3. s. 6.) “It is derived,” says Lord Coke, “of _Sein_ a house or place and _schalc_ an officer or governor, &c.” (Vide Co. Litt. 61. a. for other derivations.) See Fleta L. 2.] [Footnote 415: Yet, from the form of the writ which our Author gives us, L. 13. c. 13. it seems perfectly clear, that a Bailiff was allowed to hear a Recognition for his principal. The reason of the distinction, perhaps, might be found in the different nature of the functions—to perform the duty of an Attorney being an active, that of merely hearing a Recognition, of a passive nature—the one, requiring skill—the other, not.] It should also be observed, that any one may in the King’s Court put another in his place, to gain or lose for him, even in a suit that he has in another Court; and it shall be commanded, that the Attorney shall be received in such Court in the place of his Principal, by the following Writ—— CHAP. II. “The King to the Sheriff, or to any other presiding in his Court, Health. Know that _N._ hath before me, or my Justices, put _R._ in his place to gain or lose for him, in the Plea which is between him and _R._[416] concerning one ploughland or concerning any other thing, (naming it) and, therefore, I command you, that you receive the aforesaid _R._ in the place of the said _N._, in such Plea, to gain or lose. Witness, &c.”