The sheriff was originally elected by the freeholders or suitors of the
great Court Baron of the county, commonly called the County Court; the
bailiff by the freeholders of the hundred or manor, suitors to the Court
Baron of each division[8]: and when the right of election in the former
case was wrested from the people by the Norman tyrants[9], the same right
in the latter case was usurped by the lord of the hundred or manor. The
sheriff presided as judge in the folkmote or leet of the county, the
bailiff in that of the hundred or manor. The former sat as principal
executive officer of the County Court; the bailiff, of the Court Baron;
the freeholders or suitors being the judges in each to this day: and
though both seem to have been anciently considered as the Kings courts,
yet offences were in one alledged to be _contra pacem ballivi_, and in
the other _contra pacem vicecomitis_[10]. The fines and amerciaments
imposed in these courts were levied, and the process of the court
executed by the sheriff and bailiff in the same manner; each having his
serjeants or inferior officers to assist him: and in the proceedings of
the above courts, or others nearly similar, and held by or before the
same persons, was comprehended the whole system, as well of the civil as
of the criminal law of that age, not only before the institution of
judges itinerant, but (in many cases at least) long after. The revenue of
the crown was collected and accounted for by the sheriff and bailiff
within their respective jurisdictions: And as each of them governed the
tenants in peace, so he led them forth to war when necessity
required[11]. Each of them had likewise his proper _aid_ or _scot_, which
he assessed upon the landholders within his bailiwick, who frequently
complained of it as an intolerable grievance, and as such it was at
length abolished. The Kings writ is thought not to have run as it now
does till about the institution of the Eyre or Iter of the Justices by K.
_H. 2_.[12] How his commands were signified before this invention does
not clearly appear[13]; but certainly after it took place, the execution
of the writ (though necessarily directed to the sheriff) was as much the
duty of the bailiff within the franchise, as of the sheriff without; nor
could the latter, without a special authority, interfere in the most
trivial matter which belonged to the other. In short, whatever the
sheriff did or could do in the county at large the bailiff could do and
did within his franchise, whether hundred[14] or manor. Such was the
ancient constitution, and such in a great measure will appear from the
following sheets to be the law at this day.
[1] From =gerefen= _tollere_, _rapere_, _exigere_. _Exactor Regis (sc.
mulctarum & jurium suorum). Ideo scil. quod mulctas regias et
delinquentium facultates, in fiscum raperent, exigerent, deportarent._
Spelman, _voce_ REVE.
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