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
It will be observed that the intention both of the Statute of
Winchester and of these regulations for the government of London is
in the main a preventive one, that whilst every care is taken to
place obstructions in the way of transgressors, and every caution
exercised to render a criminal career difficult, we hear but little of
the penalties that follow upon detection. This tendency is in marked
contrast to the custom of subsequent legislation, which increasingly
insisted on the infliction of punishment as the only effectual means
of diminishing crime. The earliest English police known to us, relied
almost entirely, as has already been pointed out, on the efficacy of
the preventive principle. The system inaugurated by the Statute of
Winchester which took the place of the ancient institutions, may be
considered as the connecting link between the two extreme conceptions
of police functions, between the policy of prevention and the policy
of repression. Watch and Ward was the civil equivalent of the sentry
who, in time of war is posted outside the camp, and whose functions are
purely preventive, whilst Hue and Cry was partly preventive and partly
repressive. Although the main object of the latter institution was the
apprehension of offenders, quite half its value depended on the effect
produced on the minds of intending criminals by the fear that any
illegal act on their part might raise the whole county in arms against
them, and by the knowledge that escape was well-nigh impossible.
The law against vagrancy was conceived in the same spirit, the Statute
in question requiring Bailiffs of towns to make enquiry every week of
all persons lodging in the suburbs, in order that neither vagrants, nor
"people against the peace" might find shelter, a regulation designed on
the lines of the universal police maxim "Allow the thief no rest." The
custom was to make the householder responsible for the deeds of those
whom he harboured, and to punish the indiscriminate giver of alms.[30]
This method was not only more humane, but it also proved more effectual
than the everlasting imprisonment, whipping, and branding of vagrants,
that Tudor legislation enjoined.
Neglect of the Hue and Cry, failure to make "fresh and quick pursuit,"
and sometimes want of success when pursuit was duly made, were
visited by the imposition of fines upon the neglectful or unfortunate
inhabitants as the case might be: many examples of this are on record,
_e.g._ (Exchequer Rolls, vol. i. sect. 14).
"Item. The citizens of Lincoln fined fifty marks for suffering a
robber to escape, etc.: and the men of Colchester for the like.
Item. (Sussex: 16 Edward I.) Homicide committed in a fray: the
offender who had stabbed his adversary, a butcher, takes refuge in
the Church of Crawley and abjures the realm: townships of Crawley and
Hurst amerced because they did not make suit.
Public-domain text, read in full here on John Shaqi.
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