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
In addition to the extra work thrown on their shoulders in connection
with the Acts above mentioned, the jurisdiction of the Justice of the
Peace was extended so as to encroach upon territory that had hitherto
been the province of the Justice of Assize. Courts Leet, moreover,
having by this time become quite unimportant, the appointment and
control of the constabulary was centred almost entirely in the hands of
the county magistrates. They held office under the Crown direct, and on
their Commission took an oath to do equal right between rich and poor,
to accept nothing beyond the customary fees for the performance of
their duties, and to pay all fines inflicted by them into the Queen's
Exchequer without embezzlement or delay. "The Justices of the Peace,"
writes Sir Thomas Smith, "be those in whom, at this time, for the
repressing of robbers, thieves, and vagabonds, of privy complots and
conspiracies, of riots and violences and all other misdemeanours in the
commonwealth, the prince putteth his special trust ... and generally,
as I have said, for the good government of the shire, the prince
putteth his confidence in them."[100]
Amongst the duties laid upon the rural police for the control of
agriculture, we find that before a labourer "retained in husbandry"
could leave his parish or township, he had to obtain a testimonial
from the constable, and to get two householders to declare his lawful
departure.[101] This system of passports for the suppression of
vagrancy never worked smoothly, and its development in later times as
enforced against beggars by parish constables, led to serious abuses
that will demand our attention further on.[102] The 15th section of
the same Act empowered Justices and constables, upon request being made
during harvest time, to compel labourers to work on farms where labour
was scarce, and to put those who obstinately refused in the stocks for
two days and one night.
The treatment served out to rogues, vagabonds, and sturdy beggars was
more severe. Persons taken begging or "misordering themselves" were
to be committed to the common gaol, and if convicted of the offence
at the next sessions of the peace or gaol-delivery--"grievously
whipped, and burnt through the gristle of the right ear with a hot
iron of the compass of an inch about."[103] The burning was repealed,
and open whipping "until his or her body be bloody" was afterwards
substituted.[104] Although the severity of the punishment was thus
mitigated, it was now apparently inflicted in a more summary fashion,
for offenders were no longer to be committed to gaol, but were to be
whipped on apprehension, probably by the constables at the instance of
a Justice.
Public-domain text, read in full here on John Shaqi.
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