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 feudal system had taught the retainer to look to the Lord of the
Manor for the redress of any grievance that he might have against his
neighbour. To the tribunal of the Manor, also, he was wont to bring
family differences for settlement; here the father would recount the
follies of his son, and the wife complain of the habits of her husband:
for, just as the priest was the spiritual adviser to his congregation,
so, in many instances, was the Lord of the Manor the lay-counsellor
to the dwellers on his estate. It was essential, therefore, that the
Justice, who had to perform many of the duties formerly attaching to
the feudal lord, should be a local man and a man of position; people
would have nothing to do with a stranger, or with one who, in their
opinion, was a man of no account, however great a lawyer he might be.
The status of the Justice of the Peace at the time of Edward IV. was
not very different from that held by the same functionary at the
present day. His powers and duties are not now quite the same as they
once were, but the history of the office has been remarkable for its
steady persistence in one groove: the Justices of five hundred years
ago might be defined as a select number of country gentlemen deriving
their authority from the Crown, primarily responsible to the Crown
for the preservation of the peace, and exercising judicial functions
of a simple kind within the limits of the county for which they were
appointed--and such a definition would still apply.
The rise of the Justice of the Peace at the expense of his rivals was
due to some extent to political causes. Sovereigns were favourable
to the growing importance of an estate that promised to act as a
counterpoise to the arrogant claims of the nobles, and although
Parliament had nothing to do with the appointment of the new
magistrates it was generally in sympathy with them, because they did
not abuse their powers as the sheriffs had done, nor neglect their
duties like the conservators; and also because the House of Commons,
which was almost entirely composed of country gentlemen, recognised in
the Justices, members of the same social class to which they themselves
belonged. The mass of the people, too, were inclined to view them with
favour, choosing to place themselves and their fortunes in the hands
of men they knew something about, who were on the spot and likely to
execute justice speedily, rather than in the hands of strange judges
whose visits were few and far between, and who, when they came, were
likely to be deficient in local knowledge.
The first Justices therefore were in the enviable position of enjoying
at one and the same time the hearty support of King, Commons, and
People; but unfortunately such a healthy state was not destined to be
permanent, and before long the symptoms of internal disease presented
themselves.
Public-domain text, read in full here on John Shaqi.
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