A History of Police in EnglandLee, W. L. Melville (William Lauriston Melville)
History
A History of Police in England
Lee, W. L. Melville (William Lauriston Melville)
Police -- England
The rise of the Court Leet marks an important stage in the development
of English police. The decennary system could only be of value as long
as its strictly local character could be preserved, and the power of
interference possessed by the Vicecomes was foreign to the national
idea of police administration. Although the creation of the sheriff's
court must only be considered as an ill-advised and novel attempt at
centralisation, and its discontinuance a return to first principles, it
was not to be expected that the Tourn, when once established, would be
allowed to disappear until there was an alternative institution ready
and able to take its place. On this account the appearance of the Court
Leet was well timed, for the moment and indispensable for the future,
to act as a link between ancient principles and modern practice.
When Henry II. returned from the Continent in 1170 he found it
necessary to investigate the complaints that were persistently made
against the sheriffs, who were said to have been guilty of oppression
and extortion. The charges were well founded, and the result of his
inquiry was that several were dismissed from their office, whilst a
few years later the Assize of Northampton considerably reduced the
authority of the remainder. In the years that follow we find evidence,
over and over again, of the abuse of their power by the sheriffs, whose
importance steadily declined in consequence; the decay of their office
was gradual at first, but proceeded more rapidly, as we shall see,
after the institution of "Conservators of the Peace" by Richard I. At
the Council of Northampton provision was also made for holding assizes
in the different counties of England. For this purpose the kingdom was
divided into six circuits, and three judges, subsequently known under
the title of "justices itinerant," were assigned to each circuit.
Notwithstanding the recent friction between the two nationalities (now
happily on the wane), and all the evils which had accompanied it,
hundreds and tythings continued to perform their executive functions as
best they could, and not altogether without success; but the levying of
amercements, which was essential to the system, was so liable to abuse
at the hands of royal officers, and the fines grew so out of proportion
to the offences for which they were exacted, that advantage was very
properly taken of King John's humiliation in 1215 to insist that they
should only be enforced in future "on oath being made by the worthy
men of the district," and steps were taken to confine amercements to
their proper limits. By Magna Carta police fines were henceforward
to correspond in amount to the magnitude of the crime for which they
were incurred, and might not be enforced except with _beneficium
competentiæ_ _i.e._ every man had a right to his bare living, the
merchant to his merchandise, and the villein to his agricultural
implements.[24]
Public-domain text, read in full here on John Shaqi.
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