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 Sheriff did not submit to this curtailment of his authority without
a struggle. After he was no longer allowed to act in his old capacity,
he sometimes managed to get made a Justice, and to hold both offices in
the same county at one time, to the great oppression of the people, who
bitterly complained of the heavy fines that were inflicted, and of the
outrageous bail that was exacted by these pluralists, until in 1378, at
the request of Parliament, Richard II. put an end to such practices.
Nevertheless, the Sheriff still remained the responsible person for the
levying of Hue and Cry, for the pursuit and apprehension of felons,
for the due execution of the sentences pronounced by the law-courts,
and was answerable for the persons of prisoners handed over to him
for punishment. He also had to perform various duties connected with
elections, and until the reign of Edward VI. retained certain military
functions.
Before 1328, the so-called justices were executive officers only,
"they were little more than constables on a large scale";[43]
but in this year, Edward the Third, who had recently come to the
throne, considerably extended their powers by entrusting to them the
examination and punishment of law-breakers.
The King reserved to himself the right of nominating those who should
hold the office, and, throughout his long reign, continued to take the
liveliest interest in his Justices of the Peace. He ordered that they
should be connected with the county for which they were appointed, by
holding therein a certain amount of landed property, a qualification
which has been retained for many centuries. He made it a condition that
they should be _bons gentz et loiaulx_; and for fear lest the granting
of judicial powers to local officials should open the door to extortion
on the one hand, and to ignorant maladministration on the other, was
very careful as to the class of man he selected. For this reason, the
pleadings of Parliament notwithstanding, he could not be induced to
give up the privilege of appointing his own nominees, and even the
democratic tendencies of modern times have left the appointment of
Justices of the Peace in the hands of the Crown. Another Statute[44]
(also passed in 1328) ordained that no man should "go offensively" or
"ride armed" before the new magistrates--a wise enactment designed to
protect them from being brow-beaten and intimidated by those great
nobles who sought to obtain their own ends through the awe inspired by
the display of a large armed retinue.
Public-domain text, read in full here on John Shaqi.
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