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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

Spelman, voc.
Balivus; 1 Bl. Com.,344. See Bailli, Ballivus. The Latin ballivus
occurs, indeed, in the laws of Edward the Confessor, but Spelman
thinks it was introduced by a later hand. Balliva (bailiwick) was
the word formed from ballivus, to denote the extent of territory
comprised within a bailiff's jurisdiction; and bailiwick is still
retained in writs and other proceedings, as the name of a
sheriff's county. 1 Bl. Com., 344. See Balliva. The office of
bailiff was at first strictly, though not exclusively, a judicial
one. In France, the word had the sense of what Spelman calls
justitia tutelaris. Ballivus occurs frequently in the Regiam
Majestatem, in the sense of a judge. Spelman. In its sense of a
deputy, it was formerly applied, in England, to those officers
who, by virtue of a deputation, either from the sheriff or the
lords of private jurisdictions, exercised within the hundred, or
whatever might be the limits of their bailiwick, certain judicial
and ministerial functions.


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