English essays; Great Britain -- Social life and customs
Early in the new year--on "the morrow of the Purification" to wit--the
Lord President of the Council submits the names of the nominated
Sheriffs, duly engrossed on parchment, to the King, who then, with a
silver bodkin, "pricks" the name of the gentleman who in each county
seems the fittest of the three for the august and perilous office of
High Sheriff.
I love to handle great things greatly; so I have refreshed my memory
with the constitutional lore of this high theme. The etymology of
"Sheriff" I find to be (on the indisputable authority of Dr. Dryasdust)
"Scirgeréfa--the 'Reeve' or Fiscal Officer of a Shire." In the Saxon
twilight of our national history this Reeve, not yet developed into
Sheriff, ranked next in his county to the Bishop and the Ealdorman,
or Earl. In those days of rudimentary self-government, the Reeve was
elected by popular vote, but Edward II., who seems to have been a
bureaucrat before his time, abolished the form of election except as
regards the cities, and from his time onwards the High Sheriff of a
county has been a nominated officer. Until the days of the Tudors,
the High Sheriff wielded great and miscellaneous powers. He was the
military head of the county. He commanded the "Posse Comitatus," in
which at his bidding every male over fifteen was forced to serve;
and he was, in all matters of civil and criminal jurisdiction, the
executant and minister of the law.
_Quomodo ceciderunt fortes!_ Henry VIII. at one fell swoop terminated
the Sheriff's military power and made the new-fangled Lord-Lieutenant
commander of the local forces; and successive Acts of Parliament have,
by increasing the powers of courts and magistracies, reduced the civil
power of the Sheriff to a dismal shadow of its former greatness. Still,
in the person of his unromantic representative, the "Bound Bailiff,"
he watches the execution of civil process in the case of those who, to
use a picturesque phrase, have "outrun the constable"; still, with all
the pantomimic pomp of coach and footmen, trumpeters and javelin-men,
he conducts the Judges of Assize to and from the court; and still he
must be present in court when the capital sentence is pronounced. I
believe I am right in stating that there is no such document as a
"Death-warrant" known to English jurisprudence. The only warrant for
the execution of a felon is the verbal sentence of the Judge pronounced
in open court; and, as the High Sheriff is responsible for the due
execution of that sentence, he must be present when it is pronounced,
in order that he may know, by the evidence of his own eyes, that the
person brought out for execution is the person on whom the sentence was
pronounced. It is probable that many of my readers recollect the first
Lord Tollemache, a man who combined singular gifts of physical strength
with a delicate humanitarianism. He had been High Sheriff of Cheshire
in very early life, and, till he was elevated to the Peerage, it was
Public-domain text, read in full here on John Shaqi.
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