A History of Police in England

by W. L. Melville Lee

It is immaterial whether these police officers deliberately took the required oath, meaning not to be bound by it, or whether they were so ignorant as not to understand the nature of a solemn affirmation; but be this as it may, High Constables neglected their oath and their office, and petty constables followed suit, rarely acting at all except under compulsion, or unless an opportunity offered for some petty tyranny or extortion, whilst anything like professional activity was quite unknown. Nor was the prevailing stagnation the worst feature of the times. The moral character, as well as the social position of peace officers, Justice and constable alike, deteriorated under Stuart misgovernment. The King of course remained ex officio the "highest maintainer of the peace," and his weaknesses, illegalities, and extortions were not only repeated but multiplied in the descending links of the chain of responsibility.

It was in the reign of James I. that corrupt magistrates first earned for themselves the nickname of "Basket Justices," as the predecessors of the "Trading Justices" of later days were called; and even the higher judges were not altogether above suspicion. With such a degenerate personnel to carry out its provisions, small wonder that the law frequently became a dead letter. Let one instance suffice. During this reign the right of sanctuary was abolished by law; but custom, which was far more powerful than the police, having decided that sanctuaries should continue, not only was no attempt made to deprive these asylums of their ancient privileges, but certain of them, notably Whitefriars, secured for themselves additional immunities. The country, in fact, too often had to witness the ridiculous spectacle of a Legislature solemnly filling the Statute Book with elaborate enactments, whilst the constables whose duty it was to see the law enforced, were quietly going about their own business, following the plough, or minding the shop. English police was in truth at a low ebb, and the inevitable consequences of such a feeble executive quickly followed; bullies and blackguards of every kind overran the realm, and the weak had no rights except such as the strong chose to leave them. "Private quarrels were nourished" (writes the historian of the period) "... and duels in every street maintained: divers sects and peculiar titles passed unpunished and unregarded, as the sect of the Roaring Boys, Bonaventors, Bravadors, Quarterors, and such like, being persons prodigal, and of great expense, who, having run themselves into debt, were constrained to run next into factions, to defend themselves from danger of the law. These received countenance from divers of nobility: and the citizens, through lasciviousness consuming their estates, it was like that the number (of these desperadoes) would rather increase than diminish: and under these pretences, they entered into many desperate enterprises, and scarce any durst walk in the Street after nine at night.... Alehouses, dicing houses, taverns and places of iniquity, beyond manner abounding in most places."[114]

Slack as the police were in other directions, the campaign against vagrants continued to be conducted with vigour. All men, whatever their station, were ordered to apprehend such rogues or vagabonds as they might see begging, and to convey them to the nearest constable or tythingman, at whose hands they were liable to be branded with the letter "R," should they be found incorrigible.[115] Nor was this all. Justices of the Peace were instructed to summon the constables together some four or five days before the half-yearly sessions, and to command them "to make a general privy search one night for the finding out of such rogues and idle persons, and such as they find they shall bring to the Justices, and if for punishment (cause them to be) conveyed to the house of correction, there to be set to labour."[116] In order, moreover, that this privy search might be the more effectual, constables were empowered to claim the assistance of as many neighbours as they might find sufficient for their purpose.

Such persistent persecution of the vagrant class does not argue that the police were efficient, for if the vagrants had been organized or able to stand up for themselves, there is little doubt that they would have been left alone just as the Roaring Boys and the Bonaventors were. This is also true, to some extent, of those unfortunate persons who were suspected of being afflicted with the plague, and who were, in consequence, treated with as little consideration as are pariah dogs in an Indian cantonment. Fear of the plague aroused an unwonted display of energy amongst police officers, and caused extraordinary powers to be given to the Justices, who were authorised to appoint Searchers, Watchmen, Examiners, and others to see that no person suspected of being infected left their houses. If any such person, having been duly warned, "contemptuously went abroad," the Watchmen might, with violence, enforce him to keep his house, but if he was caught in the public streets having any infectious sore upon him uncured, he was adjudged "ipso facto" guilty of felony, and might be sentenced to death. Furthermore, if any man was discovered abroad "conversing with company" after being cautioned to keep house, even if there was no sore found about him, it was ordained that he should be punished as a vagabond, and be subject to all penalties for vagabondage (including whipping) besides being bound to his good behaviour for the space of one year.[117] In remote country districts similar powers were conferred, not only on Justices of the Peace, but also on constables and headboroughs.[118]

The following police regulations, which were in force during an outbreak of the plague in the City of Oxford, are from a Proclamation by Charles I. in the year 1644, and are far milder and more reasonable than those considered necessary in the previous reign, as a few extracts will shew. It is ordained—"That a Watchman (be) set at the Fore door of the house, to keep in the persons within the house, and also to fetch them such necessaries as they want, to be delivered to them so discretely and warily as may not endanger themselves, or those to whom they may resort.

"That when a house shall be known to be infected with the plague, forthwith a Red Crosse be set on the outward doore of the house, with an inscription in Capital Letters, with these words LORD HAVE MERCY UPON US.

"That every such Watchman, when he sitteth or goeth in the streets, carry a white stick in his hand, so that others may be admonished not to presse too neare into his company.

"That all burialls of persons dying of the plague be in the night-time, after tenne of the clock at the soonest, and without concourse of people, and that the Corpse be laid at least foure foot deep under the ground.

"That all Dogs and Cats in the Towne be forthwith sent away out of the Towne, or such as are found in the Streets, or Courts of the Colledges, to be knockt on the head, and their carcasses carryed away and buried without the Works at a convenient distance."[119]