It would be tedious to recount the multifarious duties that from time to time have fallen to the constable, especially as many of the most important are noticed in subsequent chapters; it will here be sufficient to state, in a general way, a few of the main directions by which he was expected to act: these may shortly be summarized as follows:—
- i. His duties with regard to watch and ward were, to keep a roster of the watchmen, to see that they were vigilant and alert during the hours of watching, to receive into custody any guilty or reasonably suspected person handed over to him by the watch, and to keep such person in safety, until he should give bail or be brought before a Justice of the Peace.
- ii. With regard to Hue and Cry, and generally with regard to the pursuit and arrest of felons, peacebreakers and suspected persons, his duty was to obey the sheriff, to follow with the Hue and Cry, and to keep in safe custody any prisoner delivered to him, until relieved of further responsibility by the orders of Justice or Sheriff.
- iii. With regard to inquiring into, and prosecuting offences: he was bound to make presentment at the assizes, sessions of the peace or leet, and in some cases before the coroner, "of all bloodsheddings, affrays, outcries, rescues, and other offences committed or done against the King's Majesty's Peace."
- iv. Finally he had to serve precepts, warrants and summonses, and obey all the lawful commands of the High Constable and Justice of the Peace.
The subordination of petty constables to Justices was from the first generally understood and acted upon, but the custom did not receive definite official sanction until the seventeenth century, when it was tardily recognised by statute.[59] The true relationship between the two has found apt expression in an old simile which likens constables to the eyes and hands of the Justices, "eyes to see through the medium of presentments, and hands to act by virtue of warrants or process."
CHAPTER IV
FOREST POLICE AND POLICE IN THE FIFTEENTH CENTURY
Just as the state of public tranquillity brought about by the wise government of Edward I. had been disturbed by the irresponsible and childish behaviour of his pleasure-loving successor, so was the admirable domestic policy of Edward III. robbed of its due reward by the lack of judgment and the want of administrative capacity exhibited by Richard II., whose unhappy reign is thus described by Froissart. "The State generally of all men in England began to murmur and to rise one against another, and ministering of justice was clear stopped up in all courts of England, whereof the valiant men and prelates, who loved rest and peace, and were glad to pay their duties, were greatly abashed; for there rose in the realm companies in divers routs, keeping the fields and highways, so that merchants durst not ride abroad to exercise their merchandise for doubt of robbing; and no man knew to whom to complain to do them right, reason, and justice; which things were right prejudicial and displeasant to the good people of England, for it was contrary to their accustomable usage."
It would be unjust, however, to attribute the state of affairs as above portrayed solely to Richard's incapacity: he was still a minor when his grandfather died, and many circumstances conspired to render his task an extremely difficult one. A latent discontent had smouldered amongst the peasantry ever since the oppressive Statute of Labourers had been passed some thirty years before, and the universal poll-tax of one shilling a head, imposed in 1379 to meet the expenses incurred in the interminable wars with France and Scotland, suddenly caused the flame of rebellion to blaze forth with unexampled violence. It has been said that if anything like an adequate police force had been available in 1381, Wat Tyler's movement might have been arrested before the riots in the Southern Counties had attained the dimensions of a general insurrection. Such may, or may not, be true of this particular rising; but happily for English liberty there has never existed in this country any police force at the disposal of the central government, powerful enough to coerce the nation at large. Our national police has always been of the people and for the people, and obviously at no time could long be used to oppress those from whom its strength was derived, provided only that one and the same sentiment pervaded a majority of the oppressed.
The attack on villenage was too reasonable to be fruitless, and resistance to the popular demands could be but temporary. The death of Tyler, and the consequent suppression of the insurrectionary movement which he led, caused the concessions wrung from the King to be revoked, and so delayed the cause of agrarian freedom; but the ultimate triumph of free tenure and labour was already assured from the moment that unanimity was achieved.