High sheriff
A high sheriff is a ceremonial officer for each
The office existed in the Irish Free State, but was abolished in 1926.
In
The Website of the High Sheriffs’ Association of England and Wales stated in 2021 that the role was a "non-political Royal appointment", for one year, and unpaid.[1]
England, Wales, and Northern Ireland
In England, Wales and Northern Ireland the high sheriff (or in the City of London the sheriffs) are theoretically the sovereign's judicial representative in the county,[citation needed] while the lord-lieutenant is the sovereign's personal and military representative. Their jurisdictions, the shrieval counties, are no longer coterminous with administrative areas, representing a mix between the ancient counties and more recent local authority areas.[citation needed] The post contrasts with that of sheriff in Scotland, who is a judge sitting in a sheriff court.
The word sheriff is a contraction of the term shire reeve. The term, from the Old English scīrgerefa, designated a royal official responsible for keeping the peace (a reeve) throughout a shire or county on behalf of the king.[2][3] The term was preserved in England notwithstanding the Norman Conquest.
English historians have offered varying estimates as to when the office of the sheriff was established.[4] According to historian George Molyneaux, "the late tenth century is a very plausible period for the introduction of sheriffs, especially in the south."[4] The office reached the height of its power under the Norman kings. While the sheriffs originally had been men of great standing at court, the 13th century saw a process whereby the office devolved on significant men within each county, usually landowners.[5] The Provisions of Oxford (1258) established a yearly tenure of office. The appointments and duties of the sheriffs in England and Wales were redefined by the Sheriffs Act 1887.[6] Under the provisions of the Local Government Act 1972, on 1 April 1974, the office previously known as sheriff was retitled high sheriff.[7]
The serving high sheriff submits a list of names of possible future high sheriffs to a tribunal which chooses three names to put to the sovereign. The nomination is made on 12 November every year and the term of office runs from 25 March, Lady Day, which was the first day of the year until 1751. No person may be appointed twice in three years unless there is no other suitable person in the county.[citation needed]
Nomination
The
These officers nominate three candidates for each county in England and Wales (with the exception of Cornwall, Merseyside, Greater Manchester and Lancashire), which are enrolled on a parchment by the King's Remembrancer.[10]
Eligibility for nomination and appointment as high sheriff under the Sheriffs Act 1887 excludes peers of Parliament, members of the House of Commons, commissioners or officers of
Pricking
The practice of pricking is an ancient custom used to appoint the high sheriffs of England and Wales.
In February or March of each year, two parchments prepared the previous November are presented to the Sovereign (who is also Duke of Lancaster) at a meeting of the Privy Council. A further parchment is drawn up in November for Cornwall and presented to the Duke of Cornwall (or to the Sovereign when there is no such Duke).[12]
Certain eligible persons (High Court judges and the Privy Council) nominate candidates for each county shrievalty, one of whom is chosen for each by the sovereign. In practice, the first name on the list is nowadays always the one chosen; the second and third names tend to become sheriffs in succeeding years, barring incapacity or death. The Sovereign signifies assent by pricking (i.e., piercing) the document with a silver bodkin by the relevant name for each county, and signs the parchment when complete. The parchment for the Duchy of Lancaster is known as the Lites, and the ceremony of selection known as Pricking the Lites.[13] The term lites, meaning list, was once reserved for Yorkshire;[14] the date at which the name was transferred to Lancashire is unknown.[according to whom?][15] The Lites is used for the three shrieval counties that fall wholly or partially within the boundaries of the historic county palatine of Lancaster, since 1 April 1974: Lancashire, Greater Manchester, and Merseyside.[13]
The practice is believed to date back to a year in the reign of
Declaration
The declaration a person must make before taking the office of high sheriff is contained in the second schedule of the Sheriffs Act 1887.[19] Additional words are inserted in the case of the Duchy of Cornwall; for example, the declaration includes: "do solemnly declare that I will well and truly serve the King’s Majesty and also his Royal Highness the Duke of Cornwall".[19]
Responsibilities
Contemporary high sheriffs have few genuine responsibilities and their functions are largely representational, which include attendance at royal visits and a High Court judge opening ceremony,[clarification needed] proclamation of a new Sovereign, and acting as a returning officer in county constituencies during elections.[20]
Theoretical responsibilities include the well-being and protection of High Court judges, and attending them in court; and the maintenance of the loyalty of subjects to the Crown.[21] However, most of the high sheriff's work is delegated (for example, the local police now protect judges and courts) so that in effect the post of high sheriff is essentially ceremonial.
The high sheriff was traditionally responsible for the maintenance of law and order within the county, although most of these duties are now delegated to the police.[20] As a result of its close links with law and order the position is frequently awarded to people with an association with law enforcement (former police officers, lawyers, magistrates, judges). The high sheriff was originally allowed to kill suspects resisting arrest;[citation needed] this was still legal in the 17th century. Edward Coke noted that when the high sheriff employed constables to assist in his duties the law was also extended to them.[22]
Powers
Under the provisions of the
Exceptional counties
City of London
There are two
Cornwall
The Duchy of Cornwall's first charter in 1337 states that the Shrievalty of Cornwall, the right to appoint the sheriff for the county, is vested in the
Durham
The High Sheriff of Durham was appointed by the Prince-Bishop of Durham until 1836, when the jurisdiction of the county palatine became vested in the Crown.[29] Since then the high sheriffs of Durham have been appointed in the same way as other high sheriffs in England and Wales.[30]
Isle of Ely
After an Act of Parliament in 1535/6 ended the palatine status of the Isle, the bishop remained custos rotulorum and appointed a chief bailiff for life to perform the functions of high sheriff within the liberty.
Lancashire
The right to nominate and select high sheriffs in Lancashire is vested in the monarch in right of the Duchy of Lancaster.[27] Before 1974, this right applied only to the High Sheriff of Lancashire, but since the administrative changes of the Local Government Act 1972 (effective 1974), the High Sheriff of Greater Manchester and High Sheriff of Merseyside also come under the jurisdiction of the Duchy of Lancaster. As with other counties in England, three names are nominated to the Chancellor of the Duchy of Lancaster for Lancashire appointments;[31] the chancellor presents these to the monarch with his recommendation in a private audience.[32] New appointments are usually announced during Hilary.[27]
London and Middlesex
This section needs expansion. You can help by adding to it. (October 2020) |
Wales
The nomination of sheriffs in the counties of Wales was first vested by statute in the
Canada
In
Ireland
The Sheriffs (Ireland) Act 1920 restricted the duties of the high sheriff to summoning of the county grand jury and attending the judge at assizes.[34] In the Irish Free State the Courts of Justice Act 1924 abolished the grand jury and the assizes;[34] and the office of high sheriff was formally abolished by the Court Officers Act 1926.[35] The office continues to exist in Northern Ireland.
United States
The position of high sheriff in the United States generally denotes the superior sheriff in a state, or the head of a statewide sheriff's department. Such a position exists in Rhode Island (executive high sheriff),[36] and Hawaii. In New Hampshire, the ten high sheriffs are the senior law enforcement officers of each county, and have police powers throughout the state.[37]
The Cherokee Nation formerly appointed a high sheriff, who was also the warden and treasurer of the Cherokee National Jail in Oklahoma.[38][39][40] The position was created in 1876,[40] after the abolition of the Light Horse.[39] The first Cherokee high sheriff was Sam Sixkiller, appointed in 1876.[39]
See also
- Chief constable, currently the head of law enforcement in most of England and Wales
- List of shrievalties
- List of High Sheriffs of England, Wales and Northern Ireland 2007
- List of High Sheriffs of England, Wales and Northern Ireland 2008
- List of High Sheriffs of England, Wales and Northern Ireland 2009
- List of high sheriffs of England, Wales and Northern Ireland 2010
- High Court enforcement officers
- Sheriff court (Scotland)
- Sheriff (brief details around the world)
- Bailiff (one of seven more junior, related offices in England and Wales to be re-branded as enforcement officer for all but water bailiff and jury bailiff in 2014)
References
- ^ About
- ^ "sheriff". Online Etymology Dictionary.
- ^ William A. Morris, "The Office of Sheriff in the Anglo-Saxon Period", English Historical Review (1916) 31#121 pp. 20–40 in JSTOR
- ^ ISBN 978-0-19-102775-8.
- ISBN 1-85285-137-6.
- ^ "Sheriffs Act 1887". www.statutelaw.gov.uk. Archived from the original on 30 September 2007. Retrieved 30 January 2016.
- ^ "Sheriffs appointed for a county or Greater London shall be known as high sheriffs, and any reference in any enactment or instrument to a sheriff shall be construed accordingly in relation to sheriffs for a county or Greater London." ("Government Act 1972: Section 219".[permanent dead link])
- ^ "Sheriffs Act 1887, Original Version". Ministry of Justice (United Kingdom). Retrieved 16 October 2008.
- ^ "Sheriffs Act 1887, Current Version". Ministry of Justice (United Kingdom). Retrieved 16 October 2008.
- ^ "The Queen's Remembrancer and High Sheriffs". Archived from the original on 12 May 2014. Retrieved 1 September 2008.
- ^ anon (1961). The High Sheriff. London: The Times Publishing Co. Ltd. p. 16.
- ^ "The High Sheriffs' Association". www.highsheriffs.com. Archived from the original on 24 September 2015. Retrieved 30 January 2016.
- ^ a b "Palatine High Sheriffs". The Duchy of Lancaster. Archived from the original on 25 June 2008. Retrieved 2 October 2008.
- ^ "Memorabilia" (PDF). Notes and Queries. 13 July 1929. Retrieved 2 October 2008.[dead link]
- ^ "High Sheriffs". Archived from the original on 26 August 2005. Retrieved 26 August 2005. "Archived copy". Archived from the original on 3 July 2008. Retrieved 3 July 2008.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Late For Dinner" (PDF). query.nytimes.com. Retrieved 30 January 2016.
- ISBN 9781426422102.
- ^ "History of High Sheriffs". Archived from the original on 2 July 2012. Retrieved 7 January 2018.
- ^ a b "Sheriffs Act 1887, Schedule 2". legislation.gov.uk. Retrieved 30 January 2016.
- ^ a b "The Office of High Sheriff". High Sheriffs' Association of England and Wales. Archived from the original on 3 July 2008.
- ^ Stephen, James Fitzjames (2005). A General View of the Criminal Law of England.
- ^ Holdsworth p.604
- ^ "Sheriffs Act 1887, section 8". www.statutelaw.gov.uk. Retrieved 22 October 2020.
- ^ "www.highsheriffs.com". highsheriffs.com. Archived from the original on 28 January 2016. Retrieved 14 January 2016.
- ^ A Charter of 1337 at legislation.gov.uk
- ^ "Contact Details". The Duchy of Cornwall. Retrieved 30 January 2016.
- ^ a b c d Atkinson (1854), p. 9
- ^ Churchill & Bruce (1879), p. 5
- ^ Churchill & Bruce, p. 6
- ^ "High Sheriff – Durham County History". www.highsheriffs.com. Archived from the original on 4 March 2016. Retrieved 30 January 2016.
- ^ Churchill & Bruce, pp. 4–5
- ^ "NWDA Chairman appointed as High Sheriff of Lancashire". Northwest Regional Development Agency. Archived from the original on 24 May 2011. Retrieved 17 October 2008.
- ^ Atkinson (1839), p. 15
- ^ a b Kevin O'Higgins, Dáil debates Vol.14 No.15 Col.1407 11 March 1926
- ^ "Court Officers Act, 1926". Irish Statute Book. Attorney-General of Ireland. 9 July 1926. pp. Section 52: Abolition of High Sheriff. Retrieved 3 February 2011.
- ^ "State of Rhode Island: Division of Sheriffs". www.sheriffs.ri.gov. Retrieved 30 January 2016.
- New Hampshire Constitution.
- ^ Julie L. Reed, Serving the Nation: Cherokee Sovereignty and Social Welfare, 1800–1907 (University of Oklahoma Press: 2016).
- ^ a b c "Sixkiller, Sam" in Robert J. Conley, A Cherokee Encyclopedia (University of New Mexico Press: 2007), p. 215.
- ^ a b Laurence Armand French, Native American Justice (Burnham: 2003), p. 176.
Sources
- Morris, W. A. "The Office of Sheriff in the Early Norman Period," English Historical Review (1918) 33#130 pp. 145–175 in JSTOR
- Duchy of Lancaster: Palatinate High Sheriffs, accessed 5 August 2008
- The National Archives: Duchy of Lancaster: Records of Appointment of the High Sheriff of the County Palatine of Lancaster, accessed 5 August 2008
- Wirral Globe: Former Birkenhead pupil is our new High Sheriff, accessed 5 August 2008
- Lancaster Priory: History of the Duchy of Lancaster and the Office of High Sheriff, accessed 5 August 2008
- Atkinson, George (1839). A Practical Treatise on Sheriff-Law. William Crofts. OCLC 13722386.
- Atkinson, George (1854). Sheriff-Law. Longman, Brown, Green, and Longmans. OCLC 34650185.
- Churchill, Cameron; OCLC 15085483.
- Holdsworth, William; Chrimes, S. B. (1956). Goodhart, A. L.; Hanbury, H. G. (eds.). A History of English Law In Sixteen Volumes (volume III) (7th ed.). Methuen & Co Ltd.