suits on formal occasions. In England, Wales the high sheriff (or in the
City of London the sheriffs) are theoretically the sovereign's judicial representative in the county, while the
lord-lieutenant is the sovereign's personal and military representative. Their jurisdictions, the
shrieval counties, are the
ceremonial counties. 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. 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. According to historian George Molyneaux, "the late tenth century is a very plausible period for the introduction of sheriffs, especially in the south." 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. Under the provisions of the
Local Government Act 1972, on 1 April 1974, the office previously known as sheriff was retitled
high sheriff. 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.
Nomination The
Sheriffs Act 1887 (as amended) provides that sheriffs should be nominated on 12 November (
Martinmas), or the Monday following if it falls on a Sunday, by any two or more of the
Chancellor of the Exchequer, the
Lord President of the Council, and the
Lord Chief Justice of England; other members of the
Privy Council; and any two or more judges of the
High Court. These amendments were in 1998, the Chancellor of the Exchequer was granted full entitlement, not merely conditional entitlement, if there is no
Lord High Treasurer – since the treasurership is by
constitutional convention always placed into commission, and in 2006 the Lord Chancellor was removed as a nominating officer through the operation of the
Constitutional Reform Act 2005. 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. 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
His Majesty's Revenue and Customs, officers of the Post Office and officers of the Navy, Army or Royal Air Force on full pay, clergymen (whether
beneficed or not) and barristers or solicitors in actual practice.
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 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). 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. The term
lites, meaning
list, was once reserved for
Yorkshire; the date at which the name was transferred to Lancashire is unknown. 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. The High Sheriffs' Association argues pricking vellum ensured that the record could not be altered. Given that holders of the office often had to bear large costs and implement unpopular policies altering the choice of the monarch must sometimes have been tempting.
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. 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". 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. 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.
Powers Under the provisions of the
Sheriffs Act 1887, if a sheriff finds any resistance in the execution of a writ he shall "take with him the power of the county" (known as
posse comitatus), and shall go in proper person to do execution, and may arrest the resisters and commit them to prison, and every such resister shall be guilty of a
misdemeanor. They are entitled to grant
High Sheriff Awards for community service, and judges have delegated authority to grant them on a sheriff's behalf, with a financial reward, to those who help to bring someone to justice, or who provide assistance to the victims of crime.
Exceptional counties London and Middlesex There are two
sheriffs of the City of London, elected annually by the
City of London liverymen; their function is similar, but not equivalent to that of high sheriff, since the Sheriffs Act 1887 says
"Nothing in this Act shall affect the privilege of the mayor, commonalty, and citizens of the city of London to elect the sheriffs of London". The city sheriffs also served as sheriffs for
Middlesex until 1889 when the office of
High Sheriff of Middlesex was created under the
Local Government Act 1888. The 1888 act also created a new
County of London and
Sheriff of the County of London. In 1965 the
London Government Act 1963 replaced the counties of London and Middlesex with
Greater London, having a single
High Sheriff of Greater London, still separate from the city sheriffs.
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
Duke of Cornwall. Two further charters, dated 18 March 1337 and 3 January 1338, state that no sheriff of the king shall enter Cornwall to execute the king's
writ. The High Sheriff of Cornwall swears to serve both the reigning monarch and Duke of Cornwall (i.e., the
crown prince). When there is no Duke of Cornwall, the Duchy Council still sits, but under the trusteeship of the English (since 1707, British) monarch. Only as Duchy Trustee can the monarch appoint the Sheriff of Cornwall. Nomination and appointment generally takes place during
Hilary, and announced via the
Duchy of Cornwall Office.
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. Since then the high sheriffs of Durham have been appointed in the same way as other high sheriffs in England and Wales.
Isle of Ely After the
Jurisdiction in Liberties Act 1535 (
27 Hen. 8. c. 24) ended the
palatine status of the
Isle of Ely, the bishop remained 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. the chancellor presents these to the monarch with his recommendation in a private audience. New appointments are usually announced during
Hilary. Finally, by the
Sheriffs (Wales) Act 1845 (
8 & 9 Vict. c. 11), the nomination and appointment of sheriffs in Wales was made identical to that in England. == Canada ==