In a kingdom subdivided into so many counties, hundreds,
tithings, manors, cities and boroughs, each having a judicial or
police organization of its own, it is evident that many of the
officers must have been chosen by the people, else the government
could not have mainlined its popular character. On the other
hand, it is evident that the king, the executive power of the
nation, must have had large numbers of officers of his own in
every part of the kingdom. And it is perfectly natural that these
different sets of officers should, in many instances, bear the
same official names; and, consequently that the king, when
speaking of his own officers, as distinguished, from those chosen
by the people, should call them "our sheriffs, bailiffs," &c;, as
he does in Magna Carta.
I apprehend that inattention to these considerations has been the
cause of all the confusion of ideas that has arisen on this
subject, a confusion very evident in the following paragraph
from Dunham, which may be given as an illustration of that which
is exhibited by others on the same points.
"Subordinate to the ealdormen were the gerefas, the sheriffs, or
reeves, of whom there were several in every shire, or county.
There was one in every borough, as a judge. There was one at
every gate, who witnessed purchases outside the walls; and there
was one, higher than either, the high sheriff, who was probably
the reeve of the shire. This last appears to have been appointed
by the king. Their functions were to execute the decrees of the
king, or ealdormen, to arrest prisoners, to require bail for
their appearance at the sessions, to collect fines or penalties
levied by the court of the shire, to preserve the public peace,
and to preside in a subordinate tribunal of their own."
Durham's Middle Ages, sec. 2, B. 2, ch. 1. - 57 Lardner's Cab.
Cyc., p 41.
The confusion of duties attributed to these officers indicates
clearly enough that different officers, bearing the same official
names, must have had different duties, and have derived their
authority from different sources, to wit, the king, and the
people.
[2] Darrein presentement was an inquest to discover who
presented the last person to a church; mort de ancestor, whether
the last possessor was seized of land in demesne of his own fee;
and novel disseisin, whether the claimant had been unjustly
disseized of his freehold.
[3] He has no power to do it, either with, or without, the king's
command. The prohibition is absolute, containing no such
qualification as is here interpolated, viz., "without the king's
command." If it could be done with the king's command, the king
would be invested with arbitrary power in the matter.
Public-domain text, read in full here on John Shaqi.
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