Parish constable
Aparish constable,also known as apetty constable,was alaw enforcementofficer,usually unpaid and part-time, serving aparish.The position evolved from the ancientchief pledgeof atithingand takes its name from the office ofconstablewith which it was originally unconnected.
It is distinct from the more senior position of the hundred-constable, also known as theHigh Constable(e.g.the High Constable of Holborn,who was one of the hundred-constables forOssulstone;Ossulstone'shundred courtwas located at Red Lion Square, inHolborn).
InLondon(excluding theCity of London), the position was superseded by the introduction of theMetropolitan Police Servicein 1829, which created a full-time professional force. Elsewhere, professionalcountypolice forces took over, after theCounty Police Act 1839was passed.
In 1995 theHome OfficereintroducedParish Constablesin "The Parish Constable Scheme" (NCJ number 157623). The Parish Constable Scheme was announced in 1993 by theHome Secretaryto establish foot patrols in rural areas. The job fell to the Special Constabulary who were asked to provide (if special constables were willing), officers who would be trained in the work and operate solely in their own parishes. Parish Constables did an amazing job in some areas as being local to their own community, they were more trusted than the regular officers who were seen passing through in cars on occasion. Several Parish Constable schemes were operating in various parts of the country for several years but despite its success, the scheme appears to have been shelved.
History of position
[edit]Origin
[edit]The office of parish constable originated from thetithing,a small unit of local administration. Each tithing was obliged, byfrankpledge,to be responsible for the actions of its members. The heads of each household would often select one of their number to take charge of the tithing – an appointment usually known as "chief pledge", except in Kent, Sussex, and parts of Surrey, where the position was called "headborough".
View of frankpledge,a judicial process, obliged each tithing to attend theshire courtat regular intervals, and hand over any person in their tithing who the court had summoned; if they did not, and could not swear on oath that they were not involved in helping that person evade justice, the remaining people in the tithing had to pay the damages incurred by the actions of that person. Since this created an incentive for each tithing to enforce standards of behaviour among its own members, the chief pledge of each tithing was effectively obliged to police behaviour in the tithing.
The emergence of constables
[edit]The termconstablewas originally unconnected with thechief pledge,and referred to officers in charge of thecavalry;it originates from theLatincomes stabuli,meaningcount of the stable.By extension,constablereferred to the officer in command of the army – one of theGreat Officers of State.In times of relative peace, this officer was sometimes given a role in keeping order, on account of his command of military resources. Additionalconstableswere sometimes appointed, if order needed to be kept in multiple places, or the main constable was busy in his main role.
The termconstableconsequently began to have a more general meaning related to enforcing order;[1]in 1285 KingEdward I of England"constituted two constables in everyhundredto prevent defaults in towns and highways ".[2]InEnglandandScotland,the officer in command of the army then came to be called theLord High Constable,to avoid ambiguity over his role. As thechief pledgewere also involved in policing people's behaviour, though at a much smaller scale, and with much-lowered resources, they gradually came to be referred to aspetty constables.
Tithings were originally connected with the hundred, but thecourts baronintroduced by thefeudal system,attracted more attention, and the significance of the hundreds decreased. To shift the balance of power away from feudal lords again,magistrateswere introduced, and the kings gradually transferred various functions to them, including from theshire courts.In 1381, magistrates acquired responsibility for the remains ofview of frankpledge,thereby gaining oversight of the activity ofpetty constables.
The feudal system had gradually been weakened over theMiddle Ages,and by the time of theReformation,the focus of local administration had shifted away frommanorsand towardscivil parishes.Tithings consequently came to be seen as a division of the parish, and sopetty constablesbecame seen asparishconstables; there are records ofparishconstables by the 17th century in the county records ofBuckinghamshire.
Functions
[edit]
Parish constables derived most of their powers from their local parish. Traditionally, they were elected by the parishioners (just as the tithing had chosen theirchief pledgeforebears), but from 1617 onwards were typically appointed by the magistrates in each county.[2]It was, however, only in 1842 that the power to appoint constables was formally stripped from manorial courts, and transferred to civil parishes by theParish Constables Act 1842(5 & 6 Vict.c. 109). Although the constables had had to be sworn into their role by the magistrates, magistrates had never formally had the power to actually choose them.
Like many official positions at the time, the position was obligatory, and unpaid, although the chosen constable had the right to employ someone to perform the role on their behalf. It was often a resented burden, as it involved a wide variety of extremely time consuming tasks.
In accordance with the ancient obligation for tithings to present indicted individuals to the courts, each civil parish typically had a small location in which the constable could confine criminals. The constable was responsible not only for confining such people, but also for delivering them to the courts. Similarly, constables were also expected to try to prevent crime within their parish; they were among the people with authority toread the Riot Act,and were expected to do so if a riotous assembly arose in their parish.
Vagabonds and beggars could be a drain on parish resources, under theElizabethan Poor Law.They could also be a potential source of crime. Constables were expected to implement theVagabonds and Beggars Act 1494,under which vagabonds and beggars were to be set in thestocksfor three days, and then whipped until they leave the parish. The constable also had general responsibility for the local stocks, as well as for thepillory,and was expected to punish poachers, drunks, hedge-damagers, prostitutes, church-avoiders, and fathers ofbastards.
Just as the tithing was a general administrative unit, and not exclusively limited to policing matters, so the parish constable had functions that would not be recognised as police matters, unlike hundred-constables (which had derived from the militaryconstable).
Parish constables were expected to monitortrading standardsandpubs,catch rats,restrain loose animals, light signal beacons, provide local lodging and transport for the military, performbuilding control,attendinquests,and collect theparish rates.They were also responsible for collecting national taxes, within their area.
Parish Constables in 1995 were recruited from the Special Constabulary. Their primary function was foot patrols in their own neighbourhoods, whilst some were given greater range. Their work on the ground included all manner of police work. The Parish Constable in the Scotch Corner area of Richmond, North Yorkshire, patrolled seven villages and hamlets by using both private and police vehicles as and when available.
Professionalisation
[edit]The historian Stephen Inwood describes the 4,000 parish constables existing in the early 19th century as "of variable quality and commitment"; some London parishes, such asKensington,FulhamandDeptford(with over 55,000 inhabitants between them at the time of the 1821 census) had no policing at all, and the quality of policing was generally considered inadequate by this period.[3]
TheMetropolitan Police Act 1829andCounty Police Act 1839gradually led to the end of most unprofessional constabulary. The Metropolitan Police Act established a professional and trained police force, in place of the parish constables, within the bounds of London; the County Police Act allowedcountiesto do likewise. Each new force was to be headed by achief constable(replacing the hundred-constables) who would be appointed by the county magistrates. The wide administrative functions of parish constables were taken over by various recently established local boards (which eventually were re-organised to become local councils).
The voluntary nature of the County Police Act meant that the change proceeded in a piecemeal fashion. The first county to establish a professional force wasWiltshire,which appointed its first chief constable on 28 November 1839;[4]Essexfollowed a few months later, appointing its first Chief Constable on 11 February 1840.[5]
TheCity of Londonhad been exempted from the Metropolitan Police Act, and had to use aprivate act of parliamentto establish its own professional force as theCity of London Police.
InGuernseyandJersey,parish constablesstill exist as elected parish officers.
Parish Special Constables Scheme
[edit]NCJ Number 157623
Author(s) P Southgate; T Bucke; C Byron
Date Published 1995
Length 69 pages
95
After exploring various aspects of Great Britain's Parish Constable schemes in rural areas, this report discusses progress during 1994 and recommends how the schemes could be strengthened.
Abstract
In 1993 the Home Secretary announced the widespread establishment of Parish Constable schemes in rural areas. These schemes -- now extended throughout the country and included as part of the Neighbourhood Constable initiative -- involve the allocation of trained special constables to specific local areas. Their primary tasks are to provide a foot patrol presence and to address problems of public order and minor crimes. The overall aims are to increase communication between the police and residents of rural communities and to enhance community involvement in law-and-order issues. The Home Office Research and Planning Unit studied four schemes in detail during the first 6 months of their existence and collected information from approximately 12 other schemes around the country. The focus of the evaluations was the organizational strengths and weaknesses of the schemes and the factors that contributed to these. The researchers listened to the views and experiences of a wide range of people from the police and local communities. The concluding chapter focuses on the importance of selecting qualified officers for the work, the difficulties that special constables face in defining a role within a community, the perceived policing needs of communities and their reactions to the schemes, and the importance of proper integration between special constables and the rest of their police force. Twelve recommendations are offered to guide the development of future Parish Constable schemes.
References
[edit]- ^p72, Bruce, Alistair,Keepers of the Kingdom(Cassell, 2002),ISBN0-304-36201-8
- ^abp276-7, Markham, Sir Frank,History of Milton Keynes and District,vol.1 (1973),ISBN0-900804-29-7
- ^p591, Inwood, Stephen,A History of London(Macmillan, 1998),ISBN0-333-67154-6
- ^Wiltshire Constabulary HistoryArchived2007-12-18 at theWayback Machine,Wiltshire Police website
- ^The Making of a Chief ConstableArchivedSeptember 27, 2007, at theWayback Machine,Essex Police website
Parish Special Constables Scheme NCJ Number 157623 Author(s) P Southgate; T Bucke; C Byron Date Published 1995 Length 69 pages