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 constitution of the general police of the country being of such
a nature that it was powerless to enforce any universally unpopular
measure, a distinct and separate organisation was required to
administer the well-hated code of law which had to do with the royal
prerogative of hunting. The whole subject of forest law and forest
police is of sufficient interest and importance to warrant an account
of its main characteristics in some detail.
The King's Peace, as we have already seen, was of two kinds--there
was the public peace of the realm, and there was the royal or private
peace, enjoyed by the Sovereign, and by those closely connected with
him. If we examine further these main divisions, we shall find that
each is composed of certain sub-divisions, with their own particular
laws and customs: thus under the general heading of public peace must
be included--(1) the peace and privacy to which every man is entitled
at his own fireside, securing him against all intrusion as long as he
commits no felonious action--(2) the "peace of the church" as kept by
the Ecclesiastical Courts--and (3) the "peace of the sea" with its
court (afterwards known as the Court of Admiralty) "to maintain peace
and justice amongst the people of every nation passing through the sea
of England."[60]
The private peace of the King, besides protecting his person and the
precincts of his palaces, extended also over all the Royal Forest land,
that is to say, over about a third part of the whole area of England:
Canute's law was "I will that every man be entitled to his hunting
in wood and field, on his own possession. And let everyone forego my
hunting";[61] but there is no evidence to prove that the Danish King
enforced his forest law otherwise than by the ordinary law of the
land. The system of game preservation that grew up under the Normans,
however, was so rigid that it necessitated the creation of special
laws, special courts of law, and a special police for the prevention
and punishment of illegal hunting. The Norman code was modified
somewhat by Magna Carta,[62] and again in 1217; but it continued to
oppress the nation through many generations, for wherever the peace
of the forest was well maintained, there did the peace of the people
suffer.
The amount of afforested land varied considerably from time to time.
Henry II. possessed 68 forests, 13 chaces and 781 parks,[63] but it
was not necessarily those monarchs who were particularly devoted to
sport that were the most exacting, a strict enforcement of the forest
laws brought much money to the royal exchequer in the shape of fines
levied on trespassers and others who were tempted to offend against the
arbitrary restrictions imposed.
Public-domain text, read in full here on John Shaqi.
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