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 Livery Company punished the fraudulent workman, corrected the idle
apprentice, and also prosecuted the would-be interloper who attempted
to infringe upon its rights and privileges.
We are indebted to these trade-guilds for introducing to our shores
in the first instance, many mechanical arts which, greatly to our
advantage, subsequently became naturalized, and afterwards for keeping
them alive through times of difficulty and danger, when the central
government was not strong enough to afford much protection; the high
character that English goods have earned throughout the world's markets
is, to a great extent, owing to this system of commercial police, which
compelled every workman to serve a long apprenticeship in a technical
school, and which punished the producer of fraudulent and worthless
articles. On the other hand whole fields of industry were arbitrarily
closed to honest and capable folk by the absurd restrictions imposed
for the sole benefit of corporations, which, when full allowance has
been made for the good they did, and when full credit has been given
for the service they rendered by standing in the breach at the critical
moment, were, after all, thoroughly reactionary in their tendency,
bent, as they were, upon stifling healthy competition whenever
possible, and inclined to look upon any new invention as a crime
against their craft mysteries.
A serious defect in the constitution of our mediæval police consisted
in the numerous privileges enjoyed by favoured communities. No
police regulation was of universal application; we have seen how in
Anglo-Saxon times the king's peace afforded especial protection to
certain classes, and how various limitations were imposed according to
locality and according to season; subsequently charters were freely
given to monasteries, guilds, boroughs and cities, carrying rights
and conferring favours that were not shared by the nation at large.
The consequence was that every rule bristled with exceptions, and
legislation grew proportionally more complicated and difficult of
application than would have been the case had all men been equal in the
eye of the law. Many a useful measure was rendered largely inoperative
by reason of the numbers of persons who could plead privilege against
its enforcement in their particular case. Hue and Cry could avail
nothing against the baron who had bought a charter of pardon for
felonies committed in the past or contemplated in the future, and
the pursuit of the sheriff was stayed when the fugitive took refuge
in sanctuary. First the clergy, and afterwards persons not in orders
who could prove their ability to read a word or two in the Gothic
character,[84] were entitled to plead "benefit of clergy," and thereby
escape perhaps well-merited punishment. In the reign of Henry VII.
this privilege was wisely restricted, by ordaining that those who had
pleaded "clergy" once, should be branded on the brawn of the thumb with
Public-domain text, read in full here on John Shaqi.
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