Kristian Williams - Our Enemies in Blue - Police and Power in America

Still, the system was rather limited in its authoritarian uses, as it dependedon a common acceptance of the law. Hence, English sovereigns later foundit necessary to supplement the frankpledge with the appointment of a shirereeve, or sheriff, to act in local affairs as a general representative of the crown.The sheriff was responsible for enforcing the monarch's will in military, fiscal,and judicial matters, and for maintaining the domestic peace.21 Sheriffs wereappointed by and directly accountable to the sovereign. 'Ibey were responsiblefor organizing the tythings and the hundreds, inspecting their weapons, and,when necessary, calling together a group of men to serve as a posse comitatus,pursuing and apprehending fugitives. The sheriffs were paid a portion of thetaxes they collected, which led to abuses and made them rather unpopularfigures.22 Eventually, following a series of scandals and complaints, the sheriff'spowers were eroded and some of his responsibilities were assigned to newoffices, including the coroner, the justice of the peace, and the constable.23According to the 1285 Statute of Winchester, the constable was responsiblefor acting as the sheriff's agent. Two constables were appointed forevery hundred, thus providing more immediate supervision of the tythingsand hundreds.24[The constable's] early history is closely intertwined with military affairsand with martial law; for after the Conquest the Norman marshals, predecessorsof the modern constable, held positions of great dignity andwere drawn for the most part from the baronage. As leaders of the king'sarmy they seem to have exercised a certain jurisdiction over militaryoffenders, particularly when the army was engaged on foreign soil, andtherefore beyond the reach of the usual institutions of justice. The disturbedconditions attending the Wars of the Roses brought the constablesfurther powers of summary justice, as in cases of treason and similarstate crimes. They therefore came to be a convenient means by whichthe English kings from time to time overrode the ordinary safeguards ofEnglish law. These special powers, originating in the "law marshal," wereexpanded until they came to represent what we know as "martial law."2'Beyond his original military function, and the additional job of servingthe sheriff, the constable was also responsible for a host of other duties,including the collection of taxes, the inspection of highways, and serving asthe local magistrate. Ironically, as the posse comitatus came increasingly to actas a militia, the constable was without assistance in policing.2G By the end ofthe thirteenth century, the constable was no longer connected to the tything;he acted instead as an agent of the manor and the crownY By the beginningof the sixteenth century, the constable's function was quite limited; constablesonly made arrests in cases where the justice of the peace issued a warrant.28Around the middle of the thirteenth century, towns of notable size weredirected by royal edict to institute a night watch.29 This was usually an unpaid,compulsory service borne by every adult male. Carrying only a staff and lantern,the watch would walk the streets from late evening until dawn, keepingan eye out for fire, crime, or other threats, sounding an alarm in the event ofemergency. "Charlies" -so called because they were created during the reignof Charles Ipo-were unarmed, untrained, under-supervised, often unwilling,31