[2] See _Co. Lit. 168, b._ Whenever the sheriff in any judicial
proceedings speaks or is spoken to of his county, the law in fact has
regularly no other name for it; _in comitatu meo_ or _tuo_ for instance
has (frequently at least) a very different meaning.
[3] _2 Inst. 19._ Blount, _voce_ Bailiff. And see _Fortescue on
Monarchy_, 124. _Sed quia_ vicecomes ... _fuit_ ... magnus domini Regis
ballivus. _M. Paris._ 801. The governors of the city of London were
originally called portreves, then bailiffs, then sheriffs, and at last
mayors. _Stows Survey_, by Strype. _B. v. c. 6._
[4] _Ingulphus (apud scriptores post Bedam)._ 870. _Gul. Malmesburiensis
de Gestis Regum. Ibi._ 44. Camdens _Britannia. clxvii._ _Seldeni
Analecta, Opera, ii._ 922. Notes upon Draytons Polyolbion. Song xi.
(Works. iv. 1839.) Shires, however, it is certain there were before this
time. See Bradys Hist. of Eng. i. 84. 116. and Sir J. Spelmans Life of
Ælfred. 110.
[5] The _præpositus villæ_, or bailiff of a manor, was also called the
=tungerefa= or Tungreve. _Vide_ Spelman, _voce_ Grafio.
[6] Hickes. Dis. Epis. 49.
[7] Infangtheof, outfangtheof, thol, theam, soc, sac, blodwite,
fythewite, flyhtewite, fledwite, ferdwite, hengewite, leirwite,
childwite, wardwite, grithbrech, hamsocn, forstall, ordel, oreste,
flemenefrith, miskennyng, burgbruch, &c. &c.
[8] Kennet, Par. Ant. Glos. v. _præpositus_. Another title common to
sheriff, bailiff, and reve.
[9] This privilege was restored to the people by the _Articuli super
Chartas_; _28 E. 1. c. 8._ but resumed in the following reign, and has
ever since continued in the crown. _9 E 2. st. 2. Jenk._ 229. They enjoy
the right of electing the coroner still; chiefly, it is supposed,
because it has not been thought worth taking from them.
[10] _Fleta. l. 2. c. 53._ § 1. The _steward_ has been in possession of
this branch of the bailiffs office for many centuries. When this
transfer took place would be scarcely possible to discover. It should
seem, however, to have been gradual, and might possibly have its rise
from the _Senescallus_, the =Styweard= or _major-domo_ being sometimes
more conversant in forensic matters than the bailiff, whose office
chiefly concerned the management of the lords demesne and other
out-of-door concerns. The _Mirror_ (written in the time of _E. 2._)
constantly speaks of the bailiff as judge of the court leet; see also
Ken. _Par. Ant._ p. 319. And thus Finch, speaking of the County Court
and Court Baron, says "the suitors are the judges and the _bailiff_ and
sheriff are but ministers." _Law._ 248. And hence, perhaps, it has been
held that both offices might be enjoyed by one and the same person.
_Cro. Jac._ 178. (cites _29 H. 8._) And it should seem from Bracton that
writs were indifferently directed to either the steward, or the bailiff,
_ballivo vel senescallo_. _l. 5. c. 32._
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