The pillory was a more serious affair, and its pains were beyond the power of a constable to inflict; it was generally resorted to in cases where the offender had been guilty of practices which rendered him particularly obnoxious to the people, so that the punishment he received at their hands was nicely proportioned to the degree of unpopularity he had earned for himself. The baker who gave short weight, or the dairyman who watered his milk, received such a lesson at the hands of his customers that he was little likely to repeat his offence. It was customary, moreover, in sentencing a man to the pillory, to make the punishment fit the crime as much as possible, and to compel the culprit to advertise his guilt in some personally unpleasant fashion; thus, the man who had stolen a cart was forced to pull it through the streets to the place of punishment, and an offending vintner had to drink a full draught of the sour wine that had disagreed with the frequenters of his shop.
Englishmen are proverbially interested in what they eat and drink, and this public concern for good victualling explains why, when life and property were as yet but moderately secure, safeguards against the adulteration of human food were notably complete. The chief legislative authority upon which police action, directed against dishonest purveyors, rested, was the "Judicium Pillorie," or, as it is commonly called, "The Statute of the Pillory and Tumbrel."[80] This Act belonged to the same period as the Statute of Winchester (both dating from the latter half of the thirteenth century), and like its more famous contemporary had a long career of practical usefulness in the public service. From 1266, the year of its enactment, until 1710, the date of its repeal, the Judicium Pillorie did much for English food, by maintaining a high standard in the quality of our meat and bread, and in the soundness of our ale. The Statute requires that "they have in the town a pillory of convenient strength as appertaineth to the liberty of their market, which they may use (if need be) without bodily peril either of man or woman." Provision is made for the sending of six "lawful men" to collect all the measures of the town, care being taken that the owner's name is legibly inscribed on each measure, "after which thing done" a jury of twelve lawful men have to make oath that they will truly answer concerning such things as may be demanded of them on the King's behalf, "and such things as be secret, they shall utter secretly and answer privately," also, "if any butcher do sell contagious flesh, or that died of the murren, or flesh that hath been kept so long that it loseth its natural wholesomeness, or meat bought from Jews and then sold to Christians"—for these and similar offences the penalty is the same, viz.: "If a baker or a brewer be convict ... then he shall suffer punishment of the body—that is to wit—a baker to the pillory and a brewer to the tumbrel."
From "Liber Albus" we get a more detailed account of the fashion in which these exemplary punishments were carried out in London, we learn that "if any default be found in the bread of a baker in the city, the first time, let him be drawn upon a hurdle from the Guildhall to his own house through the great street where there be most people assembled, and through the great streets which are most dirty, with the faulty loaf hanging from his neck: if a second time he shall be found committing the same offence, let him be drawn from the Guildhall through the great street of Cheepe, in the manner aforesaid, to the pillory, and let him be put upon the pillory, and remain there at least one hour in the day; and the third time that such default shall be found, he shall be drawn, and the oven shall be pulled down, and the baker made to forswear the trade in the city for ever."
Before leaving this part of the subject, it may be worth mentioning, that as long ago as the year 1318[81] all public officers in city and borough were debarred from selling wine or victual during their term of office, a prohibition which some people think might with advantage be applied at the present day to such modern officials as the members of Borough Watch Committees.[82]
CHAPTER V
COMMERCIAL POLICE AND POLICE UNDER THE TUDORS
The growth of the royal power that was so well defined a characteristic of the sixteenth century was accompanied by a general re-establishment of good order throughout the kingdom. As long as the reins of government were slackly held by feeble monarchs, the king's peace was reckoned of but little account, and in the words of the Anglo-Saxon writer already quoted, "every man that could, forthwith robbed another." Nobles surrounded by their retainers, broke the peace whenever they chose, and laid their hands on any property that they felt strong enough to hold. As long as punishment overtook the man who had offended against a great noble with more precision and with greater celerity than it did the offender who had broken the law of the land, guardians of the peace were despised, whilst peace-breakers were admired by the multitude, if not respected.
When Henry VII. came to the throne he resolutely set himself to put an end to this state of affairs, and to re-assert the personal ascendancy of the sovereign, especially with regard to the maintenance of the peace. He was obviously unable to achieve this object single-handed, for he had no army with which to enforce his commands, and the mass of the people were not yet thoroughly emancipated. Something of course might be done by dividing the nobles into separate factions, and then pitting one faction against another, and these tactics he pursued with some success; the class however to which in the end the king had to look for assistance was the middle-class, which was chiefly occupied with money-making, which was inclined to resent any interference with a pursuit at once so novel and so absorbing, and which, at the same time, was beginning to cry out for increased protection for its newly acquired wealth. As it seemed worth while to purchase the goodwill of the spokesmen of this powerful class, at the cost of complying with their not unreasonable requirements, the king was ready to meet them halfway, and the police administration was modified accordingly.
The compulsory duty of serving as a constable, argued the middle-class, was not only unprofitable but a wicked waste of good time that might be devoted to objects that paid better; and so the system of deputy constable crept in. Hue and cry was all very well, they said, for the agriculturist or the villein; he could lay down his spade to join in the pursuit with little detriment to himself; but it was different in the case of the weaver or the merchant, the former could not afford to leave his loom nor the latter to lose a bargain; and so hue and cry fell into desuetude. When property consisted only of timber, cattle, and land, difficult things for a thief to remove, little protection was demanded, but when valuable articles, all more or less portable, became common, and when many kinds of fraud, all more or less subtle, menaced both consumer and producer, a better guarantee for security was asked: and so the old-established trade-guilds adapted themselves to the changed conditions, and introduced new protective measures. These modifications must now be examined in more detail.