Bailiff (_Baillif_, or _Baillie_ French; _Ballivus_, Latin; from
_balliare_ to deliver, intrust, or commit,) is the name given by the
Normans to those ministers of the law whom the Saxons called =gerefa=,
_greve_ or _reve_[1]: an appellation which, however corruptly, we still
retain in the word _sheriff_, (=scyre-gerefa=, or _shire-reve_,) and by
which the bailiff of a manor is in many parts of the kingdom known to
this day. The sheriff himself did not, it is true, long continue to enjoy
the title of bailiff, which gave place to the more honorable one of
_vicecomes_ or _viscount_ (_qui fungitur vice comitis_,) by which name
alone he was constantly stiled in all judicial proceedings, till the
progressive ascendency of the English tongue restored to him his ancient
and original appellation. His county, however, is still called his
_bailiwick_[2], he is often mentioned in _Magna Charta_ and ancient
statutes along with _alii ballivi_, and is himself frequently included
under that title[3]. Between this officer and the bailiff of a hundred,
manor or liberty, such a perfect resemblance appears to have subsisted,
in all respects, that there cannot be a doubt that both were the produce,
if not of the same hand, at least, of the same system. The division of
the kingdom into counties, hundreds and tithings, is well known to be
owing to the wise policy of the great Ælfred[4]; each county, hundred or
tithing is agreed to have been subjected to an officer known by the
common name of the =gerefa=; he who presided over the county at large
being usually, by way of distinction, called the =heh= or =scyre-gerefa=
and sometimes the =scyr=-man, as the others were stiled the =hundred= and
=tything-gerefa= or the hundreder, and tithingman[5]. We are but
imperfectly acquainted with the duty of this officer till after the
conquest. It is said, indeed, that the sheriff, in the time of the
Saxons, was not the minister of the King, but the officer of the
=Ealderman= or =Eorl=[6]. And what this alderman or earl was to the
county, the lord or thain was, no doubt, to his manor or liberty, and
what the sheriff was to the former, the inferior =gerefa= or bailiff was
to the latter. Certain it is that not only the several courts of which we
shall have occasion to speak, but what we now call manors or liberties,
existed from a very early period, nor was it possible for the Norman
Kings to enlarge, in favour of their own countrymen, the amazing powers
which almost every petty Saxon thain or lord exercised in his
jurisdiction, either from the nature of the constitution and ordinary
course of law, or the liberal grants of the Saxon monarchs: powers which
the Norman jurists never found themselves able to express in a different
language[7].
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