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
When in 1595 the civil arm was found insufficient to put down the
riotous proceedings that disturbed the peace of the Home Counties,
its shortcomings were made good by the supplemental employment of the
military power. Elizabeth has been accused of proclaiming Martial
Law when its application was not warranted by the exigencies of the
case.[108] It is difficult for us at the present day to determine how
grave were the disturbances that induced the Proclamation in question,
or how far the ordinary methods of control had been tried and found
wanting; but it is certain that no adequate police existed to quell
anything in the nature of a serious riot. It was no doubt discreditable
to the Government that such should be the case, but it was a discredit
that it shared with all preceding Governments, and one that attached
with a greater degree of culpableness to all subsequent Governments
down to the year 1829. Given an unlawful and violent assembly of
riotous persons, and the lack of any civil force strong enough to
disperse them, it is difficult to see the practicability of any
alternative measure to that of calling out the troops. The Commission
given to Sir Thomas Willford in 1595 did not amount to Martial Law
in the usual acceptation of the term, that is to say, the ordinary
Law was not to be entirely superseded, the Provost Marshal was only
to "speedily execute" those offenders whom the Justices of the Peace
signified as deserving of death, and such sentence was to be carried
out in the presence of the Justices who had had judicial cognisance of
the offence. The only additional powers granted to Sir Thomas Willford
were those by which he was authorized to "repair with a convenient
company," and "calling to your assistance some convenient number of our
justices and constables abiding about the said places, to apprehend
all such vagrant and suspected persons, and them to deliver to the
said justices, by them to be committed,"[109] etc., etc. The powers,
in fact, given to the soldiers on this occasion were solely executive;
no one was to be tried by Court-Martial; the verdict lay with the
civil power; and only the carrying out of the sentence rested with the
military authorities.
Public-domain text, read in full here on John Shaqi.
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