CHAPTER VIII

BOW STREET POLICE AND MAGISTERIAL REFORM

It was not until the middle of the century that any intelligence was

brought to bear on the problem of police, or that any promise appeared

of a better state of things in that department of government. For an

awakened interest and the resulting improvement we are mainly indebted

to the famous novelist, Henry Fielding, who spent the closing years of

his short life in a vigorous campaign against the growing domination

of society by the criminal classes. Appointed to the Westminster

bench at the age of forty-three, he exhibited in his new capacity an

acquaintance with law and a knowledge of human nature, that were but

rarely found in the ranks of the magistracy of the day: his charge

to the Grand Jury, delivered in 1749, reads more like the deliberate

composition of a justice of assize of large experience than the work of

a junior magistrate just appointed to the office.

In the hope of rousing the civil power from its somnolent state,

Fielding published a treatise called "An Enquiry into the Cause of the

late Increase of Robbers," in which he gave an interesting account

of the habits and customs of the people, with observations on the

poor law, and on the apprehension, trial, and execution of felons. He

attributed the prevalence of crime principally to the luxurious habits

indulged in by the populace, especially gambling and drunkenness. With

gin at a penny the quartern, and high play the absorbing passion of

all classes, it was small wonder that crime was on the increase. In

his attempts to improve the police, Fielding was ably seconded by his

half-brother Sir John Fielding, who succeeded him as magistrate at Bow

Street, and there inaugurated some valuable and far-reaching reforms.

By the employment of regularly-paid detectives he did more to render

the streets of London safe than the whole body of watchmen, beadles and

constables, to the number of about two thousand, had previously been

able to effect, and soon afterwards obtained permission to establish,

by way of experiment, a small police force organised on novel lines.

This force, called the Bow Street Foot Patrol, was divided into

eighteen parties, thirteen of which (called Country parties) patrolled

the principal highways outside the metropolis, whilst the remaining

five (known as Town parties) watched the streets of the central

district. The remuneration of the patrols was high in comparison

with the wages then customary, no patrolman receiving less than two

shillings and sixpence a night. The system proved a great success,

and a few years later its sphere of usefulness was enlarged by the

formation of a horse patrol, which was posted for the protection of

travellers on one or other of the main roads leading into the country.

Though consisting only of eight men, who, however, were well mounted

and well armed, it afforded a better state of security to the suburbs

than they had previously enjoyed.[148]

The success that attended Sir John Fielding's innovations was prompt

and abiding. Bow Street quickly became pre-eminent as the only court

where justice was dispensed in a business-like manner, and its

officers, under the name of Bow Street Runners, became famous for their

skill and sagacity. Sir John Fielding was blind, but his infirmity did

not prevent him from constantly attending to his magisterial work. When

seated in court he used to wear a white silk bandage over his eyes,

and the striking figure of the tall blindfolded knight was a dramatic

picture long remembered at Bow Street. His knowledge of everything

that concerned the criminal classes was remarkable. It was said of him

that he never failed to recognise an old offender, though the only

indication he had to go by was the sound of the prisoner's voice. He

was the author of several pamphlets on police questions, the most

important being that published in 1755 under the title of "A plan for

preventing robberies within twenty miles of London"; the details of

which may be briefly stated as follows:

He suggested that the landowners and occupiers of high-class

residential property near London should combine to form societies

for the apprehension of burglars and other depredators. Each society

was to select a treasurer to collect an annual subscription of two

guineas a-piece from the members. When a robbery was committed, the

injured party was to immediately despatch a mounted messenger to the

magistrate at Bow Street, warning on his way all the turnpike keepers,

advising them as to the property stolen, and of any other particulars

of importance. The magistrate was then to be empowered to draw on the

funds of the society in the hands of the treasurer, for any expenses

that might be incurred in the course of the pursuit and subsequent

prosecution of the criminal.

This pamphlet was followed by a second called "An account of the origin

and effects of a Police, set on foot in 1753 by the Duke of Newcastle,

on a plan suggested by the late Henry Fielding."[149]

The publications of the brothers Fielding were to some extent

instrumental in directing the public conscience towards a consideration

of the state of the criminal law, which, year by year, had tended to

increase in severity, without thereby effecting any diminution in the

tale of offenders. "Extreme justice is an extreme injury," wrote Sir

Thomas More, but abstract ideas of justice were little entertained

in the days of the Georges; Tyburn and transportation were the only

recognised remedies for the more serious breaches of the law, and men

were slow to realise that it is better to make the commission of crime

difficult than to punish it with indiscriminate severity. But from this

time onwards arose a genuine wish for some change, a desire to repress

crime as humanely as possible; a half-formed idea found partial

expression that perhaps, after all, the pain suffered by the culprit

ought not to exceed the benefit conferred on the community by the

punishment exacted; henceforward the Statute Book was not disgraced by

fresh barbarities, and in course of years the old ones were gradually

eliminated. In 1783 the procession to Tyburn was discontinued, and

the use of the drop to accelerate death by hanging, introduced; the

pillory was abolished in 1816 for all offences except perjury; whipping

in public was done away with the following year, and transportation

finally ceased in 1867.

Instead of legislating on the lines suggested by Fielding, whose

scheme of police was proving practical and successful, the government

preferred to revert to the methods of Queen Elizabeth,[150] and in 1755

was responsible for an Act[151] that was nothing but an attempt to

revivify the Westminster Statute of 1584, the only new feature being

the appointment of a committee called "The Jury of Annoyances," a body

designed to see that the pavements were kept in repair, and to prevent

obstructions and encroachments thereon; this addition, it was supposed,

brought the Act up to modern requirements. The number of constables to

be yearly appointed for the City and Liberty of Westminster was fixed

at eighty, furnished proportionally by the different parishes; any man

who had already served, personally or by deputy, was not to be again

chosen until seven years had elapsed since he last held office.

Two years later another Act,[152] to explain and amend the foregoing,

followed, by which a regular chain of responsibility was created; the

petty constable had to obey the High Constable; and he, again, had to

observe the lawful commands of the Dean or High Steward, who still

remained the paramount police authority in the district.

In 1772, the House of Commons appointed a Committee to inquire into

the burglaries that had recently become so frequent in London and

Westminster, one hundred and four houses having been broken into

between Michaelmas 1769 and March 1770. This committee was the first

of a long series authorised by Parliament with the idea of improving

the police; every few years a new committee was appointed, and each

in turn recorded a wearisome tale of resolutions without finding a

remedy or indeed arriving at any satisfactory solution. One and all

reported that the existing watch was deficient, a fact long patent to

everybody without the assistance of select committee-men; they deplored

the want of uniformity and co-operation in wards and parishes, and

recorded the shortcomings of beadles, constables, and watchmen; but

whilst suggesting various minor reforms, they failed to see that no

real progress was possible until a clean sweep had been made of the old

system and its abuses.

The principal witnesses examined before this first committee were Sir

John Fielding of Bow Street and Mr F. Rainsforth, the High Constable

of Westminster; the former spoke as to the position of the magistracy

and the state of the liquor traffic; the latter confined his remarks

to the inefficiency of the peace-officers. The following extracts from

Mr Rainsforth's diary for the 23rd of March 1770, which he read to the

committee, shew us the kind of thing that used to go on.

"Saint Margaret's--Three quarters past eleven: constable came after I

was there: Houseman and Beadle on duty: 41 watchmen, with St John's

United, at 8-1/2d. per night, with one guinea at Christmas, and one

guinea at Lady Day, and great coats as a present: their beats large:

was obliged to take a soldier into custody for being out of his

quarters, and very insolent, with several more soldiers in the street

at 12 o'clock: called out 'Watch,' but could get no assistance from

them.

"St Clements' Danes--Past 3: no constable on duty: found a watchman

there at a great distance from his beat: from thence went to the

night-cellar facing Arundel Street in the Strand, which is in the

Duchy, and there found 4 of St Clements' watchmen drinking. St

Mary-le-Strand no attendance, having only two constables, which only

attend every other night, 3 watchmen, Duchy included, at one shilling

each. A very disorderly cellar near the new church for selling saloop,

etc., to very loose and suspected persons: St Clements' watchmen 32 at

one shilling."

After hearing much evidence of this description, the committee passed

thirteen resolutions, none of which, however, were of a very vigorous

character. They recommended an increase in the number of watchmen,

higher pay and a better method of appointing them; they suggested that

the name "beadle" should no longer be used, that ballad-singers should

be suppressed, and that steps should be taken to put a stop to the

custom of granting wine and spirit licences indiscriminately to all who

applied for them, adding by way of a conclusion to the whole matter,

that the Roundhouses, as the constables' lockups were called, should

not be used for the sale of intoxicants, and should be large enough to

accommodate the prisoners arrested by the watch; it having frequently

been found necessary to release disturbers of the peace and other minor

offenders to make room for more serious cases!

In consequence of the report of the Parliamentary Committee, a bill

was introduced into the House of Commons to provide an improved watch

system for the "City of Westminster and parts adjacent ... uniformly

ordered and regulated throughout the whole district." This Act,[153]

passed in 1773, directs that trustees shall meet annually to appoint

"what number of watchmen they shall judge necessary to be kept

and employed" for the ensuing year, specifying how many are to be

apportioned to "beats" and "stands" respectively, and how many are to

be told off for patrols. The local authorities are not, however, given

a free hand in the administration of the interior economy of their

trust: the minimum establishment that must be kept up by each parish is

fixed by law, and varies from sixty watchmen on the beats and stands,

and eight on patrol for St George's Hanover Square, down to the single

watchman required for the "purlieus of the Savoy." Watch-houses must

be substantially built, and watchmen are to be armed with staff and

rattle, provided at parish expense, as well as with lanterns paid for

out of their own pockets; the minimum wage must not fall below one

shilling and threepence per night unless a man is employed by the year,

in which case his nightly remuneration need not exceed one shilling:

the hours are from 10 P.M. until 5, 6, or 7 A.M. according to the

season of the year.

The duties of the watch comprise the apprehending of disorderly and

suspected persons and handing them over to the constable; testing the

fastenings of houses, shops and warehouses, and warning the occupier

when necessary; twice every hour the watchmen must patrol his beat,

and "as loudly and audibly as he can, proclaim the time of the night

or morning." On coming off duty, the watchman has to submit his staff,

rattle and lantern for the inspection of the constable; neglect of

duty entails a fine of ten shillings, and any person who assaults a

watchman in the execution of his office renders himself liable to a £5

penalty; watchmen are forbidden to frequent alehouses during their tour

of duty, and provision is made for the punishment of those publicans

who harbour them.

There is much that is good in this Act, but it applied only to

Westminster, and half of its provisions were never carried out. Instead

of the uniform order that was to be established, the old confusion

continued, the fine of five pounds was insufficient to protect the

watchmen from assault, and the peace officers still tippled in

alehouses, whilst thieves were comfortably carrying home the booty they

had so easily secured.

The utter inadequacy of the whole system of defence against civil

tumults, and the complete helplessness of London to protect itself

against mob violence, was brought home to its inhabitants in a

startlingly convincing manner in the course of those six terrible days

during which their city was within an ace of being destroyed at the

hands of the rabble let loose upon her streets by the crackbrained

fanatic, Lord George Gordon.

The events that took place in the first week of June 1780, and which

are to some extent familiar to us through the pages of "Barnaby Rudge,"

would never have happened if, in the earlier stages of the outbreak,

the rioters had had opposed to them even a couple of hundred resolute

constables, accustomed to deal with mobs, and working under the

direction of officers experienced in the tactics of street-fighting.

At no time is an efficient civil force of such inestimable value as it

is at the first appearance of great popular ferment; for in accordance

with the strength or weakness of the police at that moment, is the

course of after events decided. A crowd is like a great volume of

water, harmless as long as its embankments are kept in repair and, if

necessary, strengthened, but capable of an infinite amount of mischief

if once allowed to break its barriers.

Anything like a full description of the Gordon riots lies outside the

scope of this book; but a brief account of the principal features

of the outbreak will very properly find a place here, in order to

illustrate the degree of violence that an English mob is capable of,

when allowed to get out of hand, and for the purpose of comparing these

riots with others that took place on subsequent occasions after our

modern police had been established. London is the mother-city of the

English-speaking races, all of which have modelled their police forces

on the metropolitan pattern; and the Gordon riots, which were the most

violent ever experienced in this country, have therefore served as a

lesson to cities as distant from us and from each other as Sydney and

New York, forewarning those responsible for the maintenance of the

peace in those places of the extent of the danger that threatens when

proper precautions are neglected.

The disturbances in question arose out of an agitation directed

against the Roman Catholics, whose position had been much improved

by a recent Act of Parliament, the agitation culminating in a demand

for the repeal of the unpopular concessions. A monster petition was

prepared, and it was decided to present it to Parliament, with such a

display of force that a refusal would be unlikely. Accordingly, at 10

o'clock on the morning of the 2nd of June, as many as 60,000 people

assembled in St George's Fields to accompany Lord George Gordon in

his attempt to intimidate the legislature. Marching to Westminster by

different routes, the crowd closed all the avenues to both Houses,

stopped peers and commoners on their way thither, and treated those

who fell into their hands with insult and personal violence, smashing

their carriages, tearing their clothes and in some cases removing their

wigs; many members of Parliament were forced to put blue cockades in

their hats and shout "No Popery" before they were released, others

only regained their freedom on promising to vote for the repeal of the

obnoxious act.

Whilst these proceedings were taking place, a squadron of horse

arrived; but on being hooted and threatened, the troopers declared that

their sympathies were altogether with the people, and then trotted off

amidst the cheers of the crowd, who soon afterwards began to disperse,

to riot in other parts of the town. That evening the Roman Catholic

chapels attached to the Sardinian and Bavarian embassies were looted

and burned.

Rioting continued during the three days that followed, the paralysed

executive submitting in helpless impotence, and it was not until the

fifth day that the climax was reached. The mob now suddenly broke out

into an almost inconceivable state of fury, and overran the whole of

London, pillaging and burning as they went, and spreading terror in

every direction: all business was suspended and most of the houses were

barricaded; many persons, hoping to pacify the destroying furies, hung

blue flags out of their windows and chalked the words "No Popery" on

their shutters. An organized attack was made on Newgate, and when the

old prison walls successfully withstood all the efforts of the mob to

injure them, the furniture from the governor's house was thrown out

of the windows and piled up for a bonfire, with the idea of consuming

the great wooden gates; when these at length gave way, the rabble

poured into the gaol through the smoking gateway, shortly to return

bringing with them three hundred liberated prisoners, many of whom

were under sentence of death already, and over-ripe for any atrocity.

Matters now grew worse than ever, distilleries were broken open, and

the raw spirits poured down the gutters to be lapped up by a crowd

that was already mad. An attempt to break into the Bank of England was

prevented by the guard stationed there, but many houses, including Lord

Mansfield's and Sir John Fielding's, were burnt to the ground, and all

books and documents destroyed.

When thirty-six incendiary fires were raging simultaneously, and when

the King's Bench and Fleet prisons had shared the fate of Newgate, the

troops and militia, who were employed with vigour only at the eleventh

hour, began to get the upper hand of the rioters, and then only by dint

of firing volleys into the mass. Gradually through the next two days

some semblance of order was restored, and by the third morning the

riots were at an end. The official return handed in to the Secretary

of State showed that 210 people had been killed by the troops and

248 wounded, several of whom subsequently died; but the bill was not

complete: the public hangman claimed 21 more victims, and a much larger

number were transported for life. The Lord Mayor of London was tried

for his faulty arrangements and for his alleged supineness, but was let

off with a fine of a thousand pounds. Lord George Gordon's insanity

saved him from the consequences of his misdeeds.

These fatal riots should have taught the lesson that soldiers are

ill-suited to the task of putting down civil tumult, and that their

use entails an unnecessary amount of bloodshed, especially when their

action is so long delayed that an increased severity becomes necessary.

Unfortunately the lesson, if learnt, was not taken to heart: at any

rate no adequate remedy was proposed at the time. On one point only

was any light immediately thrown. Hitherto some doubt had existed as

to the legality of employing the military to put down riots, but on

this occasion the King sought the advice of the Attorney-General,[154]

who gave it as his opinion, that, as soldiers were also citizens, they

could constitutionally be used to prevent felony, even without the Riot

Act being read. It was well that this point was cleared up, because

circumstances will occasionally arise when troops must be sent for as

a last resource; but it is remarkable that, after the failure of the

soldier to keep the peace had just been demonstrated in so signal a

manner, no one should have supplied the obvious rider, and suggested

the substitution of a more satisfactory agent. Half a century slipped

by before the necessary change began in England; but on the principle

of applying the remedy to any limb except the diseased one, Dublin

was quickly provided with what London lacked, and in 1786 was passed

the "Dublin Police[155] Act,"[156] under which three Commissioners

were appointed, and given the command of a paid and well-organised

constabulary. In the course of the following year the whole of Ireland

came under the protection of the new guardians of the peace, who,

developing as time went on, eventually reached that state of efficiency

that is now invariably associated with the name of the Royal Irish

Constabulary.

The magistrates of the period set the worst possible example to their

subordinate officers, and there were but few of them who did not

deserve the name of "Trading Justices," that was so commonly applied.

Those who did not actually accept bribes were usually ready to make a

little extra money by the improper and wholesale bailing, not only of

offenders who ought to have been kept in confinement, but of innocent

persons also, who ought to have been immediately and unconditionally

set at liberty. The system was to issue warrants against helpless

people for imaginary crimes, and then to let them out on bail, the

magistrate netting the sum of two shillings and fourpence every time

he repeated the trick. James Townsend, a Bow Street runner, who gave

evidence on this subject before a parliamentary commission in 1816,

explained how lucrative this practice used to be, "and taking up a

hundred girls, that would make at two shillings and fourpence, £11,

13s. 4d. They sent none to gaol, for the bailing them was so much

better."

There is much to be said for the plan of employing country gentlemen

to administer justice, without stipend, in the neighbourhood of their

own estates; but in London, where all the criminal talent of the three

kingdoms was collected, and where the duties of magistrates became

both difficult and onerous in consequence, only inferior men could be

induced to undertake the office, and then only for the sake of the

patronage they could control, and for the perquisites they were able

to pick up. They were distinguished neither for social position, nor

for legal knowledge, and readily succumbed to every temptation that

offered. As long as the magistracy was corrupt, Acts of Parliament

were powerless to purify the police: the duty of the Government was

plain if not easy; the Commission of the Peace for Middlesex had to

be immediately purged of the Trading Justices, and a scheme had to be

introduced under which capable and upright men would be secured to

take their place: the hands of the new magistrates, when appointed,

had to be strengthened and sufficiently enlarged to enable them to

grapple with the problem of keeping order in London, a city which

besides being the most populous in Europe, had the reputation of being

the most difficult to manage, its inhabitants quickly resenting any

action of the executive that threatened to interfere, in the smallest

particular, with their liberties or their customs. At the same time it

was necessary to devise a check upon the magistrates, powerful enough

to prevent a recurrence of the old abuses.

The Middlesex Justices Bill, which was laid before the House of

Commons in March 1792, was an attempt to satisfy the above-mentioned

conditions, and was framed on the model of the stipendiary

establishment already existing at Bow Street, where satisfactory

results had been obtained. It was proposed to create five new police

offices (shortly afterwards increased to seven), and to appoint three

Justices to each, at a remuneration of £300 a year apiece. This salary

was only to be paid on the explicit understanding that they were

neither directly nor indirectly to apply to their own benefit any of

the fees received by them, from whatever source arising, all such

fees to be devoted in future to reducing the expenses of the office.

The courts were to be open daily for the transaction of business, one

magistrate always to be in attendance, empowered to dispose summarily

of the cases brought before him without the assistance of a jury.

Provision was also made for the appointment of six constables to each

office, at a wage not exceeding twelve shillings a week, invested

with authority to apprehend any person suspected of malpractices who

was unable to give a satisfactory account of himself. Finally, the

constables were to be under the control of the magistrates, and the

magistrates were to be answerable to the Secretary of State, in whom

was to be vested the power of dismissal, as well as that of appointment.

When introduced, the Bill was severely criticised, Fox and Sheridan,

who were two of its strongest opponents, both declaring that the

principle of a magistrate punishing without the intervention of a

jury was barbarous and unconstitutional, and that the proposal to set

up constables with increased powers was an unwarrantable attempt to

oppress the poor, already ground down under the heels of the rich. It

was advanced that the influence exerted by the Ministry of the day over

the magistracy was already excessive, and that the real object of the

bill was to still further increase this influence, by adding the power

of conferring salaries to that of making appointments.

The framers of the Bill, whilst denying the truth of these statements,

and confident of the ultimate triumph of the principles they advocated,

were willing that the measure should at first become law for a

limited period only, and were content that Parliament should have the

opportunity of amending, or even annulling its provisions, if on trial

they should prove unsatisfactory.

The Middlesex Justices Act first came into operation, therefore, as

an experiment. The seven public offices were established in different

parts of the Metropolis at convenient distances from each other, the

twenty-one Justices were appointed, and the forty-two constables were

sworn in, an insignificant force indeed with which to contend against

the whole criminal array of London, but of great historical interest as

a development of the Bow Street system, the two together forming the

first regularly organized and paid force ever established in England.

The acknowledgement of the desirability of employing stipendiary

magistrates in crowded centres was no less important, and gradually

led up to the system that is found so valuable to-day, not only at the

metropolitan police courts, but also in those great towns where the

principle has, in recent years, been adopted.

The reform of the magistracy that was taken in hand in 1792 was not

so thorough as it might have been, and the opportunity that then

offered of removing once and for all every unworthy taint from the

administration of justice in the metropolis was only partly taken

advantage of.

The Middlesex Justices Bill was conceived in too parsimonious a spirit,

and the right sort of men did not come forward to fill the important

posts of police justices, many of the new magistrates, in fact, being

recruited from the ranks of the old discredited class, which it was

one of the principal objects of the Bill to displace. Neither the

justices nor the constables received a salary large enough to make them

independent of improper sources of income, the latter being openly

permitted to engage in various lucrative transactions that had nothing

to do with their office. It is said that constables attached to the

public offices would not infrequently fill the role of counsel for the

prisoner, as well as holding a brief for the prosecution.

The small force called into being by the Act of 1792, and which,

including the Bow Street officers, amounted to about fifty men, was

designed only against individual criminals; the idea of preventing or

repressing riots by means of a civil police force was hardly considered

to fall within the range of practical politics. At the moment when the

success of the revolutionary leaders had achieved the overthrow of

the French Monarchy, and had culminated in the execution of Louis the

Sixteenth, established authority all the world over was in danger of

subversion. The violent utterances of certain Radical Societies shewed

that there were many in England who violently sympathised with the

Revolution, and the riots that took place in many of our towns proved

that the excesses which had turned the streets of Paris into shambles,

were finding an echo amongst the discontented and disorderly on this

side of the Channel.

Considering the urgency of the matter, the attitude assumed by the

Government then in office seems altogether incomprehensible. The

political horizon was assuredly dark enough to warn the most heedless;

and the signal manner in which the military had failed to keep order

during the Gordon Riots conclusively demonstrated how unreliable was

that arm for the purposes of peace maintenance. Yet the only steps

taken by the responsible authorities were to embody the Militia,

and to pass an ill-considered measure called "The Alien Act,"[157]

which required that all foreigners resident in England (unless duly

naturalized), should provide themselves with passports, or forthwith

leave the country.

That we survived the crisis without having to face a similar

conflagration was hardly due to the foresight of our rulers, who,

though well aware that our preventive appliances were rusty and

out-of-date, neglected to replace them by others, or even to modernize

them.

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