Law -- England; Poor -- England; Poor laws -- England; Working class -- England
When Fielding was made a magistrate for the county of Middlesex in 1748
the popular notion of the office was expressed in the nickname, "The
trading justice." He was paid by fees and had a direct interest in the
prosperity of crime. The fees, moreover, were very small, and it was a
recognised thing that he should make his office a lucrative one by methods
exemplified by Mr. Justice Squeezum in Fielding's farce. Although the
great writer fulfilled the duties of his office with honour, fidelity, and
zeal, he has left us in no doubt about the immorality and ignorance of
many of his fellow justices. It is a relief to turn from the justice room
in Bow Street in the eighteenth century with its rogues and vagabonds on
their way to the whipping posts of the Bridewell, and its highwaymen and
thieves starting for Tyburn by way of Newgate, and to look on the
comparatively civilised picture of a metropolitan police court of to-day.
A century and a half has worked wonderful reforms for us in the world of
police and police courts, but one cannot honestly say that nothing remains
to be done. Direct bribery is no doubt abolished, justice is fearlessly
administered, but there are still traditional methods of imposing fines
and imprisonment which cause the poor to think that carriage folk go more
easily along the turnpikes of the law than those humble ones who travel
perforce on foot.
I am not writing of the police court as the antechamber of the Old Bailey.
In relation to the grave crimes against society we may fairly boast that
rich and poor are treated much alike. But the police court in matters
within its own jurisdiction is a machine for teaching better manners to
the poor. It is a somewhat harsh machine, perhaps, but in the main just
and necessary at the present state of our evolution.
When folk are naughty and violent and ill-mannered and ultra-selfish, and
become a nuisance to their neighbours, the police, if they are poor, take
them in hand, but if they are rich they are dealt with differently. Unless
they are so extravagantly and absurdly naughty as to become a public as
opposed to a private nuisance, there is no necessity for the police to
tackle the rich. When two "lydies" go for each other in the gutters of
Whitechapel the police step in, but when the same thing happens in
Mayfair, society--with a big S--maintains its own discipline.
The reason why rich folk are not so outwardly naughty as poor folk is
very much a matter of education and environment. As Lord Haldane in his
valuable speech in America explained to us, there is a "system of habitual
or customary conduct, ethical rather than legal, which embraces all those
obligations of the citizen which it is 'bad form' or 'not the thing' to
disregard."
Public-domain text, read in full here on John Shaqi.
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