chapter iv.

[77] "Liber Albus," p. 312.

[78] "Liber Albus," p. 315.

[79] Hist. MSS. Com., ix. 174.

[80] 51 Hen. III., stat. 6.

[81] 12 Edw. ii. c. 6.

[82] See Final Report of H. M. Commissioners appointed to enquire into the operation and administration of the Laws relating to the sale of intoxicating liquors, chap. xvi. p. 21.

[83] The King could tax foreign merchants resident in England without having to obtain the consent of Parliament.

[84] The test was usually a verse out of the 51st Psalm--commonly called the "neck verse."

[85] 7 & 8 Geo. iv. c. 28; and see Carter's Eng. Leg. Hist., pp. 202, 203.

[86] 6 Edw. I., c. 9.

[87] 22 Edw. IV.

[88] 3 Henry VII., c. 1.

[89] 34 & 35 Hen. VIII., c. 26 (Wales).

[90] "Tables of population," says Bentham, "in which are described the dwelling-place, the age, the sex, the profession, etc.... of individuals, are the first materials of a good police" (Bentham's "Principles of Penal Law," chap. xii.).

[91] The story of young Edward amongst the vagabonds has recently been told with great charm and pathos by one of the most popular writers of the day. Mark Twain's "The Prince and the Pauper" may not be history, but that it presents a truthful picture of the sufferings of vagrants in the sixteenth century cannot be doubted.

[92] Slaves might be bought, sold, or bequeathed by will, like any other chattel.

[93] 1 Edw. VI.

[94] 3 & 4 Edw. VI., c. 5.

[95] The command of the Militia was transferred from the Lords-Lieutenant of counties to the Crown in the year 1871 ("The Army Book for the British Empire," p. 373).

[96] To this there was one exception, viz., that foreigners were not allowed to keep inns "unless they have report from the parts whence they come, or find safe pledges" (Statute).

[97] 5 & 6 Edw. VI., c. 25.

[98] 27 Elizabeth, Private Acts.

[99] Ordinance, 27 Eliz.

[100] "The Commonwealth of England," Sir Thomas Smith, Ed., 1598, bk. ii. chap. 21.

[101] 5 Eliz., c. iv. sect. 7.

[102] See p. 302, chap. xv., post.

[103] 14 Eliz., c. v. sect. 2.

[104] 39 and 40 Eliz., c. iv.

[105] 43 Eliz. c. 2.

[106] 27 Eliz. c. 13.

[107] 39 Elizabeth, c. 25.

[108] See the Introduction to "Prothero's Select Charters," sect. v.

[109] Rymer's "Foedera," xvi. p. 279.

[110] Prothero's "Select Charters," p. 187.

[111] "Measure for Measure," act ii. scene 1.

[112] Strype's "Annals," 1824, Edn., vol. iv. p. 405.

[113] iii James 4.

[114] See Somers' "Tracts," edited by Scott, vol. ii. p. 266.

[115] 1 Jac. I., cap. vii. sects. 3 and 4.

[116] 7 & 8 Jac. I., cap. iv.

[117] I. Jac. i. cap. 31.

[118] This statute, which gave such extraordinary powers to constables, only remained in force for twelve months. (See article "The office of Constable," by H. B. Simpson, "English Historical Review," vol. x.)

[119] See Proclamations, etc., of Charles I. Bodleian, z. i. 17 Jur.

[120] I. Car. i. cap. 16.

[121] 3 Car. i. cap. 4.

[122] Lib. Albo, fol. 41, b, c, d, e; 23 Henry vi.

[123] "Minshæi Emendatio," ad ann. 1626.

[124] See Note on Liability of the Hundred, chap. ix. post.

[125] 4 & 5 Phil. Mary, cap. 2 and 3.

[126] For a full and interesting account of _Cromwell's Major-Generals_, see an article under that title by D. W. Rannie in the "English Historical Review," No. 10.

[127] See Professor Gardiner's "History of the Commonwealth and Protectorate, 1649-1660," vol. iii.

[128] An Excise duty on liquor had recently (1643) been introduced by the Long Parliament.

[129] Scobell, part i. p. 129; part ii. p. 320.

[130] D'Argenson, lieutenant of police, declared that "there were more irregularities and debaucheries committed in Paris during the Easter fortnight, when the theatres were shut, than during the four months of the season during which they were open" ("Memoirs de Pollnitz," vol. iii.).

[131] Macaulay's "History of England," 1889 Edn., p. 178.

[132] 13 and 14 Car. ii. c. 2.

[133] The number of such vehicles was strictly limited. In London no more than 400 were allowed.

[134] 14 Car. ii. c. 12, sect. 15. The statute also provides for the appointment of special constables in times of emergency.

[135] 15 Car. ii. c. 1.

[136] From "The duty and Office of High Constable, &c." by W. Brown, a clerk of the Court of Common Pleas. Lond. 1677, pp. 26 and 27.

[137] 13 and 14 Car. ii. c. 12 § 22.

[138] Worthies of England, p. 216.

[139] 13 Car. ii. c. 22.

[140] 4 William and Mary, c. viii.

[141] 6 Geo. i., cap. 25, sect. 8.

[142] "Le Blanc's Letters," vol. ii., 1737.

[143] "The Town Rakes," Brit. Mus., (816--m--19)/74.

[144] 1 Geo. i., stat. 2, § 5.

[145] 10 Geo. ii. c. 22.

[146] 8 Geo. ii. c. 16.

[147] 12 Geo. ii. c. 16.

[148] Ann Reg., 1763.

[149] See Gent. Mag., 1761, p. 475; 1780, p. 1446, and Laurence's "Life of Fielding."

[150] Of the several Statutes dealing with police passed during the reign of George II., the most valuable and important is the 24 Geo. ii., c. 44, which enacts that action cannot be brought against a constable for anything done by him in obedience to a Justice's warrant, unless the Justice who signed the warrant is made a joint-defendant with the constable; and which directs that if action is brought jointly against the Justice and the constable, then the jury shall find for the latter, provided that they are satisfied that he acted strictly in accordance with the terms of the warrant that he pleads in justification. When making an arrest a constable should, if required, shew the warrant which is his authority, but he need not allow it to leave his hand.

[151] 29 Geo. ii., c. 25.

[152] 31 Geo. ii., c. 17.

[153] 14 Geo. iii. c. 90.

[154] Wedderburn.

[155] This was the first occasion on which the word "police" was officially made use of in the British Isles.

[156] Irish Statutes, 26 Geo. iii., c. 24.

[157] 33 Geo. iii., c. 4.

[158] By 29 Car. ii. c. 7, § 7 it was enacted that no liability attached to the Hundred if a man be robbed whilst travelling on a Sunday--"for he should not travel on the Lord's Day, nor ought the Hundred to watch on that day of rest." Nevertheless it was ordained that Hue and Cry should be raised against a known offender, despite the non-liability of the Hundred, in order that depredators should not take advantage of the omission.

Actions against the Hundred had to be brought within three months from the date of the damage, and there was no liability for deeds done in the night-time--if, however, there was just sufficient light to see a man's face, liability might be proved, whatever the hour. No charge against the Hundred held good for any robbery done in a man's house, "because every man's house is his castle, which he ought to defend; and if any one be robbed in his house it shall be esteemed his own fault" (Dalton, c. 84); and with regard to liability on account of murder and robbery committed in the daytime, see "Year Book of the Exchequer," (16 Edward I.)

[159] 42 Geo. iii., c. 76.

[160] Between 1822 and 1828, the increase was about 38 per cent.

[161] It has been calculated that at this time there were as many as fifty fraudulent mints in the metropolis alone.

[162] In the hope of suppressing the seditious spirit so rife at this period, six coercive measures generally known as the "Six Acts" were rushed through both Houses of Parliament in a special autumn session of 1819. These Acts sought to preserve the peace by placing restrictions on the press, by forbidding the training of unauthorized persons in the use of arms, by empowering Justices of the Peace to search for and confiscate weapons, and by other repressive measures of a similar nature.

[163] "The policy of a legislator who punishes every offence with death, is like the pusillanimous terror of a child who crushes the insect he dares not look at."--Bentham, "Principles of the Penal Code,"