The History of Judicial Bailiffs

The profession that today corresponds to what we know as a judicial bailiff can be traced back to Antiquity. In those times, under the Pax Romana, our predecessors used what they called officiales to enforce the decisions of judges. The barbarian invasions ended the Pax Romana, and the return of private justice followed.

It was during the Middle Ages that the various jurisdictions that emerged—whether seigneurial, ecclesiastical, or royal—needed a diversity of sworn agents with sufficient authority to enforce their decisions. Thus the Roman officiales became sergeants and huissiers (bailiffs).

The sergeants were especially in charge of serving notices in seigneurial jurisdictions, drafting the pleadings of litigants, and carrying out judgments issued by the courts.

The huissiers, whose name comes from “l’huis” (the door), had the mission of internal court services, such as during hearings, and maintaining order in the courts. Over time, huissiers became the summons officers of major jurisdictions, whereas sergeants were relegated to lower or secondary courts.

In Geneva, a judicial bailiff is appointed by the Council of State and takes an oath before entering office. Bailiffs practise independently within the framework of cantonal law.

Source : article published on eurojuris.fr : l’histoire des huissiers judiciaires