Scottish Police in Early Times
| Author | R. S. Rait |
| Published date | 01 January 1930 |
| Date | 01 January 1930 |
| DOI | http://doi.org/10.1177/0032258X3000300108 |
| Subject Matter | Article |
Scottish Police
in
Early
Times
By
PROFESSOR
R. S.
RAIT,
C.B.E.,
LL.D.
Historiographer-Royal for Scotland
Principal and Vice-Chancellor, Glasgow University
THE earliest attempt to provide an efficient police system
for Scotland followed the introduction by James VI of the
English
office
of Justice of the Peace.
The
first steps were
taken by the Privy Council, without statutory authority,
but
a
statute was passed in
1617
to define the duties both of the
Justices and of the constables who were to assist them in
the detection and pursuit of offenders.
In
Royal Burghs the
appointment of constables was to be made by the magistrates ;
elsewhere, the Justices were to select at least two men from
every parish to perform the duties of constables; in both
burgh and county the period of service was to be six months.
On assuming office, a constable had to take an oath of
fidelity and impartiality, and to promise
'at
every quarter
sessions and meeting of Justices to give true and due informa-
tion of any breach which has been made of His Majesty's
peace.' He was instructed to
arrest'
all vagabonds, sturdy
beggars, and
Egyptians';
and all idle persons known to be
destitute and unwilling' to take themselves to any labour, trade,
or occupation,' and he was also empowered to ' apprehend any
suspect man who for the most part sleepeth all the day and
walketh in the night and carry him to the next Justice of
Peace to find surety for his good behaviour.'
In
the pursuit
of persons accused of murder, theft, or other capital crime, the
constables could demand the assistance of their neighbours,
who were liable to penalties for a refusal.
If
the recalcitrant
was not above the rank of yeoman, the Justices could imprison
or otherwise punish
him;
men of higher rank were to be
reported to the Privy Council. A similar distinction of rank
governed the treatment of the offence of carrying
arms-the
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