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 in addition to the powers given to Justices
for the punishment of offences against the peace, express authority
was also conferred upon them by the same instrument for the prevention
of such offences, for they were specially ordered to "take sufficient
surety and mainprise of all them that be not of good fame." We have
seen how under the decennary or tything system, all freemen were
bound to find sureties for the preservation of the peace, and we have
watched the decay of that system after the Norman invasion; in the
provisions of this Act of Parliament, however, we may discover at least
a partial revival of the ancient plan of demanding guarantees against
any contingent infraction of the public peace, and of associating in
a joint pecuniary responsibility the actual or potential peacebreaker
with his immediate neighbours.[50] The "sufficient security" which
Justices were authorised to take might be of two kinds--"Surety of
the Good Behaviour" and "Surety of the Peace," and the security might
be by Bail or by Mainprise, the difference between the two being "that
mainpernors are only surety, but bail is a custody; and therefore the
bail may retake the prisoner, if they doubt he may fly, and detain
him."[51] ... Sureties of the Good Behaviour and Sureties of the Peace
were granted on suspicion or on the flimsiest sort of evidence; for
instance, "any suspected person who lives idly, and yet fares well,
or is well apparelled, having nothing whereon to live," any common
gamester, or the reputed father of a bastard child, or an eaves-dropper
even, might be called upon to find mainpernors or bail; and so great
discretion was required on the part of the Justices, who had to decide
such knotty points; it was consequently of the highest importance
that these officers should be familiar with the districts in which
their duties were performed, and legal erudition was a consideration
subordinate to personal character and local knowledge. When the Law
was young evidence was received for what it was held to be worth,
without distinction as to whether it might be hearsay, circumstantial,
or direct; the word of a thane would prevail against the evidence of
six ceorls; in fact the credibility of every witness was appraised in
proportion to his social position, just as a man's life had formerly
been estimated at a distinct valuation, and scheduled according to a
recognised scale.[52]
Public-domain text, read in full here on John Shaqi.
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