A History of Police in England

by W. L. Melville Lee

The status of the Justice of the Peace at the time of Edward IV. was not very different from that held by the same functionary at the present day. His powers and duties are not now quite the same as they once were, but the history of the office has been remarkable for its steady persistence in one groove: the Justices of five hundred years ago might be defined as a select number of country gentlemen deriving their authority from the Crown, primarily responsible to the Crown for the preservation of the peace, and exercising judicial functions of a simple kind within the limits of the county for which they were appointed—and such a definition would still apply.

The rise of the Justice of the Peace at the expense of his rivals was due to some extent to political causes. Sovereigns were favourable to the growing importance of an estate that promised to act as a counterpoise to the arrogant claims of the nobles, and although Parliament had nothing to do with the appointment of the new magistrates it was generally in sympathy with them, because they did not abuse their powers as the sheriffs had done, nor neglect their duties like the conservators; and also because the House of Commons, which was almost entirely composed of country gentlemen, recognised in the Justices, members of the same social class to which they themselves belonged. The mass of the people, too, were inclined to view them with favour, choosing to place themselves and their fortunes in the hands of men they knew something about, who were on the spot and likely to execute justice speedily, rather than in the hands of strange judges whose visits were few and far between, and who, when they came, were likely to be deficient in local knowledge.

The first Justices therefore were in the enviable position of enjoying at one and the same time the hearty support of King, Commons, and People; but unfortunately such a healthy state was not destined to be permanent, and before long the symptoms of internal disease presented themselves.

As the attractions of town life increased it became more and more difficult to obtain the services of the best kind of country gentlemen for a post that was often arduous, that brought no emolument to the holder, and that was incompatible with absenteeism. An inferior type of man was glad enough to take the place for the sake of the patronage and the social position he thereby acquired, and a corresponding depreciation in the police administration was at once apparent. Richard II. endeavoured to counteract this tendency by ordaining that Justices should be possessed of property in their own county of a minimum annual value of twenty pounds, and at the same time relieved them of some of their routine duties by appointing Clerks of the Peace to assist them. He fixed the number of Justices for each county at eight, two of whom only had to be in attendance at each Sessions.

These remedial measures served their purpose for the time, but in after years we find the danger resulting from the admission of inferior men into the ranks of the Justices constantly recurring, necessitating a more rigid enforcement of the property qualification.

In the city of London the duties that in the country would have fallen to the Justices of the Peace were performed instead by the Mayor and Aldermen, a custom that has been continued ever since, and with good results.[53]

All that remains to be said on the subject of Justices of the Peace in this place must be compressed into a few lines. Various Statutes, passed between 1389 and 1399, multiplied their powers exceedingly by giving them authority to settle the wages of labourers and servants, to punish unlawful huntings, false weights in the staple, and the unlawful wearing of liveries. In the reign of Henry IV. they were directed by statute to suppress riots with the help of the Sheriff and his "posse," and Henry V. ordained that, in future, Justices should only be appointed from "the most sufficient men of the counties, resident respectively therein," and that they should thenceforward be nominated by the King's Council.[54]

The Yorkist period saw Justices of the Peace at the zenith of their power; for, although the importance of the office tended to increase rather than to diminish, Tudor sovereigns, always masters in their own house, refused to allow them the same measure of independence that they had before enjoyed—in fact, one of the first acts of Henry VII.[55] was to rate them soundly for their past negligence, and to threaten unpleasant consequences if an improvement was not quickly manifest.

Subordinate to the Justices were the petty constables; "the lowe and lay ministers of the peace" as Lambard calls them; these officers were appointed annually by the jury of the Court Leet, but their control was vested almost entirely in the hands of the magistrates who swore them in, and who afterwards directed their actions.

Careful investigation into the origin and precise nature of the petty constable's office has failed to set finally at rest the many discussions that have arisen from time to time, and has left some minor points still obscure; the essentials, however, are sufficiently clear for the purposes of the present inquiry.