Constables, Marshals, and More: Forgotten Offices in Texas Law Enforcement

Chapter 12 • Bailiffs

Chapter 12 Bailiffs Introduction Under normal circumstances, the general public may never have a reason to encounter a bailiff. Only persons with business in a courthouse will encounter the bailiff, specifically potential jurors and other persons involved in a court case. Even these people, however, may not fully understand the functions of the bailiff or know that the bailiff is a licensed peace officer. Modern media has done nothing to promote awareness of this important position, with bailiffs playing minor supporting roles in courtroom dramas. Perhaps the most famous television bailiffs were Bull and Roz on the 1980s sitcom Night Court. While entertaining, these two comedic individuals did almost nothing that resembles the real work of the bailiff. History of the Position Like the constable, the bailiff has roots in medieval times. In England, the bailiff served either the lord of the manor or the hundred courts and sheriff. The position was supervisory. Those serving on a manor or estate kept accounts, collected rents and fines, and were responsible for all the land and buildings that made up the estate.1 The term bailiwick was originally associated with the work of bailiffs. A bailiwick was the geographical area under the jurisdiction of the bailiff. Modern usage still implies either geographic jurisdiction or an area of responsibility denoted in a non-geographic way.2 Bailiffs, called bailli in the Norman world, emerged in the Angevin era of 123 124 Constables, Marshals, and More the early 1100s. The position was given to a member of the king’s administration and was often responsible for holding local court hearings or assizes.3 In 1285, bailiffs received specific mention in the Statute of Winchester.4 This statute created a rudimentary system for handling criminal matters whereby the sheriff was empowered to organize the people in hundreds, use the “hue and cry” system for raising a posse, and hold court to deal with crime matters.5 The Statute of Winchester goes on to indicate, “And the bailiffs of towns each week, or at least every fortnight, shall make investigation concerning men lodged in the suburbs or in the outskirts of the towns; and if they find anybody harboring or otherwise lodging persons suspected of being in any respect violators of the peace, the bailiffs shall have justice done in the matter.”6 Sheriffs assigned bailiffs to serve the courts. The main core of their job was to assist the judge in various tasks including serving process, executing writs, assembling juries, and collecting court fines. All of these duties were essentially order-keeping functions undertaken during the biannual court sessions.7 In some areas, the sheriffs actually controlled the county courts whose dockets contained cases concerning debt or small-scale damages. In order to force people to appear for these cases, the sheriff would rely on the bailiff, who in turn would command the petty constable to bring persons to court.8 Jury service received no compensation during this time and therefore members of the public often avoided it. The bailiff was responsible for maintaining a list of persons who were freeholders and eligible for service. Bailiffs often asked extra persons to show up just to ensure a full jury could be empanelled.9 French bailiffs, or bailli, of the thirteen to fifteenth centuries were principal parts of the king’s central government. The king appointed the bailiff who then reported directly to him. This situation gave them more power than their English counterparts.10 The French bailiff also engaged in a wider variety of duties than his English counterpart did. These duties included supervising lesser officers in the king’s government, maintaining public order, calling men for military service, collecting taxes from those who paid their way out of military service, and supervising the local troops. The French bailiff was also in charge of the king’s payroll and the royal treasury.11 Rather than assisting judges in court, French bailiffs held their own courts, with original jurisdiction over cases involving nobility and appellate Chapter 12: Bailiffs 125 jurisdiction over cases coming from local courts. The bailiff court would also hear all cases involving the king’s domain and the king’s rights.12 While choice of bailiff candidates required care to ensure hiring of eventempered persons, their assistants, underbailiffs or special bailiffs, were often of lower quality. This often created problems with community members and tarnished the image of the job.13...