SHERIFF, the Shire-Reve ( scyr-gerefa), from the Saxon word reafan," to levy, to seize," whence also greve. The German word is graf. The gerefa seems to have been a fiscal officer. In the Saxon period he represented the lord of a district, whether township or hundred, at the folkmote of the county ; and within his district he levied the lord's dues, and performed some of his judicial functions. (Palgrave, ' Rise and l'rogr.,' i. 82.) He was usually not appointed by the lord, but elected by the freeholders of the district ; and (accom panied by four of them) was required to be present on its behalf, as well es on the lord's, at the folkmote or county court. In like manner the Saxon prince or king employed in the shires or larger districts his gerefa or reve, who levied his dues, fines, and amerciaments ; to whom his writs wore addressed; who exercised on his behalf regal rights in the shire, for the preservation of the peace and the punishinent of offenders; presided over the courts-leet or views of frankpledge, and (at least in the absence of the earl in ancient times, and since the Conquest instead of -the earl) presided over the hundred and county courts. It is difficult to determine how far the functions of the sheriff were concurrent with and how far derived from the ealderman or earl of Saxon and Danish times ; and the confusion between these offices has been increased by the translation, in our ancient laws, of the word sheriff in the Latin into rice comes, and in Norman French into riacon lc or viscount (deputy of the earl) ; whereas certainly many of the sheriff's powers even in Saxon times were derived from the freeholders, or from the crown alone, and the word graf (gerefa) in German was equivalent to our earl. That before and for a century after the Conqbest the sheriff had powers independent of the earl, is obvious from the fact, that in the circuit (tourn) which he made periodically (Spelman's CL,' Vice Comes') of his shire for the adminis tration of justice (as the Saxon king made a circuit of his realm), he was accompanied not only by the freeholders, but by the bishop, the earl, and barons, until these noblemen were exempted from the duty by statute 52 Henry III., c. 10, A.D. 1207.
Sometimes the shrievalty, by grant of the crown, was hereditary; it was also often held for life, or for many years, and there were some times more sheriffs than one in a county, the persons clioaen _for the office being, according to Spelinan, " totius regni proceres :" but the sheriff was usually chosen by the freeholders of the shire. The statute 28 Edward I., c. 8, which says that " the king bath granted unto his people that they shall have election of their sheriff in every shire (where the sheriff is not fixed in fee) if they list," is rather declaratory of the people's right than a grant of a new privilege.
By the 14 Edward Ill., c. 7, it is enacted that no sheriff tarry in his bailiwick more than a year, and then another, who bath land sufficient in his bailiwick, shall be ordained on the morrow of All Souls, 3rd November, by the chancellor, treasurer, and chief baron of the exchequer, taking to them the chief justices of either bench if they be present. This was the law also, till quite recently, regarding under-sheriffs; but it has now been altered.
At present the crown in most cases appoints the sheriffs, and also fills up any vacancy which is occasioned by the death of a eheriff during his year of office. To some corporations of cities which are counties of themselves charters have given the power to elect their own sheriffs; the city of London has the right to elect the sheriff of Middlesex. In the county of Durham the bishop was sheriff until he was deprived of palatine powers in 1S36; and in Westmoreland the office was hereditary in the family of the earl of Mallet as heir general of the Viponts, to whom the shrievalty was granted by king John, until the death of the last earl, when it lapsed to and was sub sequently by statute vested in the Crown. The annual appointment of sheriffs is now, in most counties, made thus :—On the morrow of St. Martin (12th November), the lord chancellor, first lord of the treasury, and chancellor of the exchequer, together with all the judges of the three courts of common law, meet in the exchequer chamber, the chancellor of the exchequer presiding. The judges then report the names •of three fit persons in each county, and of these the first on the list is chosen, unless he assigns good reasons for exemption. The list thus made is again considered at a meeting of the Cabinet held on the morrow of the Purification (3rd February), at the president of the council's, and attended by the clerks of the council, when the excuses of the parties nominated are again examined, and the names are finally determined on for the approval of the queen, who, at a meeting of the privy council, pierces the parch ment with a punch opposite the name of the person selected for each county ; and hence has 'arisen the expression of " pricking the sheriffs." The judges of assize annually add the requisite number of names to their lists by inserting those of persons recommended by the sheriff going out of office.