LESSON 1

BEGINNING OF LAW ENFORCEMENT

THE ANGLO-SAXON PERIOD OF POLICING

About 700 AD, the people living in England in small rural towns used the Anglo-Saxon
system. Ten families in a town (tun) equalled a tithing. Each tithing elected a leader who
was known as the tithingman. Since 10 tithings amounted to 100, the leader of the 100
families was named the reeve. Both the tithingman and reeve were elected officials. They
possessed judicial power as well as police authority.

As the population grew, the tithings were expanded into a shire, which is the equivalent
of the American County. The leader of the shire became the shire-reeve, subsequently
abbreviated to sheriff, and the tithingman eventually became the undersheriff.

Thus, from 700 to 800 A.D, the Kings of England rewarded loyal citizens with titles,
known as nobleman, and granted them large estates. It was the noblemen who appointed
the sheriffs to rule the people residing in their shire or county. If the areas belonged to
the Crown, the King appointed his own sheriff, and in time, small townships developed
into shires or counties. It was the King in early England who assumed the responsibility
of keeping the peace and delegating authority. The sheriff was to execute and enforce
the law.

The duties of the sheriff were to maintain law and order and to ensure community
peace. In fact, today's systems of policing are a direct, yet, gradual development from
the old English Law Enforcement.

During the 12th century period that system of police service and our system of criminal
law enforcement evolved. The Anglo-Saxon tithingman was delegated the authority of
law enforcement. Yet, instead of using the Ten Commandments, the major laws
observed by the people were killing of human beings and stealing (2 out of 10). If a
member of the tithing had broken either law, all members had the duty to bring the guilty
person to the shire-reeve for justice. This is a method of apprehending the criminal called
the "hue and cry". The facts necessary on this method is that he was caught at the scene
of the crime, or in the possession of the proceeds of the crime, or other evidence of the
felony. This is the basis of what we call today a citizen's arrest.

Another brainchild of the Anglo-Saxons was the watch and ward system. The
tithingmen were responsible for maintaining the watch and ward. The watch was the night
guard, and the ward the day guard. Anyone 16 years of age or over was subject to call
by the tithingmen to serve on the watch or ward as a citizen’s duty.

Capital punishment was not a fundamental rule or practice as it had been in France or
Spain, they did practice a cruel form of judicial punishment known as trial by ordeal. The
suspect would have to walk over hot coals in fire, immerse his or her hands in boiling
water, or be bound, weighted, and thrown into a lake or river. If the coals burned the
suspect's feet, if the hands were boiled by the hot water, or if the person was drowned,
that constituted guilt. If not, the person was considered innocent. Quite rude compared
to the ancient Jewish law of Samuel of wise or Moses which denoted Judges to hear and
try the case based on simple common sense.

What did make this English system significant was that all crimes were adjudicated on
the basis of civil restitution, such as monetary damages for the injured person. Thus their
procedure is still used today within the American court system.

As the population increased, sheriffs were permitted to assign four to six men in each
town for night watch. These forerunners of today's patrol officer carried a lantern and a
staff, similar to a flashlight and a nightstick. As the early colonists came to America, they
brought with them the English watch and ward system.

THE PERIOD OF WILLIAM THE CONQUEROR

In 1066 to 1285 AD William the Conqueror invaded England and established a national
government, which was opposite to the Anglo-Saxon government. While the Saxons
emphasized local home rule, the Norman's stressed national government and increased
taxes and expenditures. This period saw a revolution in law enforcement and ideas.
When Norman William, King of France introduced a military regime of conqueror and
dictator began. He changed the concept of crime being committed against an individual
to that being committed against the state.

England was divided into 55 separate military areas and trusted with lieutenants of the
army where he placed as the in-charge of each military areas. These areas however,
were called “Shires”. The military leader was called a “Reeve” (the headman) and from
“shire-reeve” we derived the word Sheriff. They have absolute powers. No one could
question their actions. The Sheriff became the tax collector. Thus the Sheriff established
the system of taxation including the recording of all taxable property owned by each
person. This record was called the Doomsday Blood. William the Conquer required all
loyal subjects to take the pledge of allegiance to the King known as the Salisbury Oath
after the planes of Salisbury where it was first administered. This is similar to our familiar
pledge of allegiance to the American flag.

For a number of years, the “Shire-Reeve” was in charge of soldiers in each ‘Shire” and
the whole country was under martial law. That is, the Army patrolling the country, made
the laws, passed judgment and imposed punishment on the people.

Later, there was established the post of “Constabuli” or the “Keeper of the horse.” Two
Constabuli were appointed to each village to aid the Reeve in most of his duties. The
Constabuli (source of the word Constable) became a very important man at this time.

The king at this time ruled that the shire-reeve should no longer judge the cases of
persons arrested and decided to select a judge who could be able to hear the cases in
the different places. These travelling judges, each given a number of shires to travel
through and hear criminal cases, were the forerunners of the modern circuit judges still a
part of the judicial system in some portions of the United States.
THE LAWS OF OLD KING HENRY

The year 1116 A.D. marked a great division in the history of policing due to the laws
of King Henry. He issued the laws called “Leges Henrici” which states “there will be certain
offenses against the King’s Peace Arson, murder, counterfeiting, crimes of violence.
These were all deemed felonious.

There was a distinction between those crimes termed felonies and the lesser crimes
termed misdemeanors. Where felonies had been committed both the police and citizens
had broad authority and both had equal rights to arrest when a crime occurred in their
presence. In misdemeanor cases, only the police had the authority to make arrest.
Substantially, this authority still remains in the hands of the citizens to present day.

Since the Norman's had established a national government, the King had the first right
of civil suit and damages. This changed the local punishment to centralized autonomy by
the King and eliminated the methods of trial by ordeal. Investigators came on the scene
and were chosen to investigate the crimes, determine the facts of a criminal case and
were the beginning of a grand jury system.

By 1215 a rebellious force of barons charged England's King John to relinquish

absolute rule relative to crimes. The event occurred outside of London at the Themes-
side site called Runny-mede. As we discussed earlier, the Magna Carta was signed and
Democracy within Britain was born. In 1965 a stone pedestal was built at Runnymede by
the British government to memorialize a symbol of Democracy and Freedom.

THE WESTMINSTER PERIOD

The Westminster Period is called by this name because the laws governing policing
came out of the capital of England which at the time was Westminster. At this period the
reigning King issued a series of decrees and laws which affected the whole field of law
enforcement.

The Statute of Westminster came into effect from 1285 to 1500. The Westminster
statute reforms provided benefit to freeholders who were allowed assistance and
protection of the royal courts and royal officers to stop great lords from abusing the
populace’s basic tenants.

Also, in the statute of 1285, he took notice of the closing of the city gates at sundown
to assist in the enforcement of the law by keeping undesirable people out and keeping in
those that were in so that they could be checked or watched by the police. This was a
new type of law enforcement. This is the origin of the curfew laws and subsequently laws
on this were passed for the placing of guards at the gates of the cities, from sunset to
sunrise where the number of the guards is dependent on the population of the city. A
night police organization was also established whose duty was to make inquiry on all
persons and lodgers and to observe them at night.
 The goal of the Westminster Period was "to make everyday life easier for all kinds of
freemen by protecting them in their free tenements and defining the limits of interference
with their freedom." The Westminster period brought about other advancements in law
enforcement such as the bailiff, justice of the peace and the rank of sergeant. The chief
law enforcement officer was the bailiff with duties to periodically identify all new
community members.

The bailiff appointed the sergeants to assist in scrutinizing aliens, undesirables and
incoming citizens. This was quite a task, because during the evening hours large groups
of citizens would crash the town gates in order to spend the evening within the protected
walls of the towns. Individuals who were sifted out and not allowed to enter and thus
sleep outside the gates of the city were known as outsiders.

Prostitution, the oldest form of trade, was designated as a business and was
segregated into specific sections of the city. These houses of ill repute were to identify it
with red lanterns, red lights, or other red insignias (thus, comes the phrase “red light
district”).

The Westminster Period also produced the office of the Justice of the Peace for each
shire or county. The JOP had the power to free the accused on bail, which is where our
present-day bail system came from. If a person who was arrested could not make bail,
he or she would remain in jail for weeks and even months until their case came to
trial. Conversely, people of well means, and criminals with plenty of booty or criminal
syndicates were examples of groups who would qualify for immediate release.

Eventually, the release of suspects from jail on their own recognizance was allowed
under the jurisdiction of judges. Probation officers were also developed during this period
and they could oversee custody of one release under their own recognizance.

PRIVATE DETECTIVES AND COMMERCIAL POLICE

Between the 1300’s and 1700's the system of private commercial police was
perfected. Business persons unable to cope with wars and colonization, empire building
and feudal lords, social unrest, the poverty stricken unemployed, poor health and welfare
needs of the multitudes which over taxed the bailiffs, reeves and the watch and ward
protection methods, sought out a method of private protection to cope with the sheer
magnitude of crimes. The job assignment of these private cops for hire was to protect
shopkeepers, their businesses after hours, and private business property. Unfortunately,
not everyone could afford to hire the private police.

JUSTICE OF THE PEACE

About 1361 at this time quite a number of studies were made of the work of the Shire-
reeves or sheriffs in the countries. This study revealed that the sheriff was not an efficient
law enforcement officer thus this prompted the formation of a new country officer, called
the “Justice of the Peace.”
 At least three to four men were appointed to serve as Justice of the Peace in each
country who is knowledgeable in the laws of the land. They were given authority to pursue
arrest, chastise and imprison violators of the law. The office of the Justice of the Peace
was given an over-all authority with no distinction as to the type of crime enforced. They
handled felonies, misdemeanours, and infractions of a city or village ordinances.

This practice was the first attempt to put back once again the authority in one officer
as far as the functions of the police and the judicial authority rolled into one. This system
failed and was soon abolished. However, the office of the Justice of the Peace as a judicial
officer still continued to exist in many parts of the world and prominently in some state of
the unites states today.

THE COURT OF THE STAR CHAMBER OF ENFORCEMENT

About 1487 at this period the reigning King felt the need of a special court to try offenders
against the state like treason, false coinage, etc. He formed a court which met in a room
whose ceiling was formed in a shape of a star (thus the name star chamber). The judges
holding this court session were given great powers among which was the power to force
testimony from a defendant. These courts of the King allowed for brutalities such as
flogging for confessions, a multitude of torture methods and the philosophy of the third-
degree interrogation.

It was not until 1641 that Charles I abolished the Star Chamber and evoked two
significant legal guarantees of the people, which were freedom of speech and freedom
from self-incrimination. It is interesting to note that in America, in April of 1631 the City of
Boston established the first system of law enforcement in America called the "night
watch". Officers served part-time, without pay.

Excessive punishment was quite common in both England and the United States
during this period. An English judge handed down the following example in 1660. A
death sentence was proclaimed upon Thomas Harrison, found guilty of participating in
the killing of Charles I.

The judgment of the court imposed on Thomas Harrison: “and the court doth award,
that you be led back to the place from whence you came, and from thence to be drawn
upon an hurdle to the place of execution; and there you shall be hanged by the neck; and
being alive shall be cut down and your privy members to be cut off, your entrails to be
taken out of your body, and you, living, the same to be burnt before your eyes and your
head to be cut off, your body to be divided into four quarters, and head and quarters to
be disposed of at the pleasure of the King's majesty, and the lord have mercy upon your
soul.”

THE MERCHANT POLICE (1500)

It was about this time that merchants began to employ persons to protect their
property. Banks began to employ guards. Night watchmen were hired to watch business
establishments and private detectives were employed to locate and identify stolen
property.
THE PAROCHIAL POLICE

The people of the cities were divided into religious areas or parishes and they would
band together and employ their own police to protect them and their property. In one
parish in London there were recorded more than 700 of such private employed policemen.

THE MILITARY POLICE OF OLIVER CROMWELL

In 1655 in England and Wales to meet the challenge of the increasing crime that
accompanied the developing English Nation, Lord Protector of the Commonwealth Oliver
Cromwell became the strongman of England. England at that time was in a transition
from a rural to an urban way of Life. Obviously, this placed a great stress on the system
of policing. Lord Cromwell placed the country under militia or military police. He divided
England into 12 districts and appointed a provost marshal to be in charge of each district
and to serve as a mediator and judge.

The military personnel are placed under the provost marshal and commanded
approximately 6,000 troops. These soldiers were instructed to watch for persons living
beyond their means and a special squad was formed whose sole duty is to watch for
morals violations. This was the first known instance of which a “vice squad” was moulded.
Only 200 of which were not mounted. The provost was able to then keep both civil and
military peace. This was the origin of the mounted English Police.

THE HABEAS CORPUS ACT (1679)

This act was designed to fight the indiscriminate jailing and holding of prisoners without
trial. The act provides that the police must promptly produce a jailed prisoner when
demanded by the courts. The prisoner himself could demand to know the cause of his
imprisonment and prisoners could only be imprisoned within the borders of the country in
which the offense occurred. Thus, upon the passing of this law, the police could no longer
spirited prisoners away and take him to several countries or provinces.

In 1688 the “Bill of Rights” was passed and became a law. This outlawed the ‘third
degree’ which had been permitted legally since 1497. The Bill of Rights prohibited
excessive bail, excessive fines and provide that ‘No cruel or unusual punishment maybe
inflicted.” The Bill of Rights also provided the “Doctrine of Protection against Self-
Incrimination,” which means that no man could be forced to give evidence against himself.
This was a great victory for all the common men.

BOW STREET RUNNERS

For some time, about 1700, business establishments located on Bow Street, London,
were losing so much of their store stocks to thieves that they began to employ their own
private police, who are on a street of foot to catch thieves.

In 1749, one Henry Fielding who some years before became interested in the
widespread and rapid increase in crime, wrote the first textbook on crime entitled “An
Inquiry into the Causes of the Increase in Robberies.” This book was an attempt to
analyze the causes of robberies and to suggest ways and means and techniques in
dealing with crimes. There are other observations made by Henry Fielding in his book
mostly dealing on personnel’s welfare such as that the policemen are under paid. The
book also suggested that instead of each merchant hiring his own policeman to guard
against theft, that the city employs these policemen thus led to the creation of the police
organization. It was also suggested that the foot patrols be established in the city and
mounted (horse) patrols be used in the suburbs. The authority of these men to supersede
commercial or private police and to be under government control was also well
emphasized on this book. The beginning of selective law enforcement was apparently
introduced on this book. The result was carried out and paved the way for the
establishment of the police organization known as the “Bow Street Runners.”

Activity 1

1. The student will explain the History of Law Enforcement from the earliest
beginning of policing.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

2. What are the different policing models introduce in the earliest period?

______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

3. What are the significant contributions of the different policing era which
contributed in the control of crime and felonies?
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________