Note 1 — INTRODUCTION.

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.

[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.

About the time that this separation took place, the lowest branches of the bailiffs office were transfered to an inferior minister, named a reve, of whom we read at large in Fleta. l. 2. c. 76. But possibly this was only the case in extensive manors and demesnes, where a single person was found unequal to the discharge of the united functions of steward, bailiff, and reve.

[11] Lambards Perambulation of Kent. p. 484.

[12] V. Prynne, Animad. on 4 Inst. p. 150. Hickes. Dis. Ep. p. 8. 48. See however in Madox, His. Ex. p. 100. an instance of justices itinerant in the time of K. Stephen. Writs unknown to the Saxons. Hickes. u. s. p. 8.

[13] A collection of all the writs and charters that can be met with of the first three or four Norman kings would be a useful, curious, and interesting work.

[14] Most hundreds have, by statute or otherwise, been united to the body of the county and power of the sheriff. But many of them, having been granted in fee, still exist as independent franchises.