The nature of the law is at the centre of discussions this morning. Yesterday judges sitting in the highest court in the land – the Supreme Court – ruled that the highest political figure in the country (the Prime Minister) had acted unlawfully (illegally) in proroguing Parliament. The proroguing was declared null and void and parliament will reconvene this morning at 11.30 to hold the executive to account.
This – despite what some newspaper editorials and unhappy government representatives might say – is democracy in action. We are not a dictatorship, and no one is above the law. This means that the law protects us – the people – from misrule by those that govern us.
This may be a frustration to the small majority of voters who voted to leave the European Union in 2016 but I hope they will recognize that the alternative – giving the executive carte blanche to ride rough-shod over parliamentary sovereignty – would have set an extremely dangerous precedent for the future. Many people voted to be free of the constraints of rule from Brussels (however misguided that might have been) I’m not sure they voted to ‘take back control’ only to surrender it to a modern day Hitler or Stalin.
This blog is concerned not with the highest court of the land but with some of the lowest. The Police Magistrates courts of Victorian London tended to deal with the more trivial problems of daily life in the capital. But here too law was important and central, and its application was supposed to be given without fear or favour, regardless of class.
In 1857 two justices sat in judgment on a man accused of organizing gambling in public. This was an unusual case; in part because two City magistrates were present but also because they quite clearly disagreed with each other.
Davis was arrested by City constable 325 for obstructing the footway at Bride Lane. Davis was with two other men and when the officer searched him he found betting books and £5 17sin coin on him. The case turned then on whether Davis (or the other men) were using the books and actually taking bets at the time. It was established that he wasn’t so the question arose of why the constable had arrested him. Alderman Copeland thought it a ‘monstrous interference with the liberty of the subject’ that the policeman had arrested a ‘gentleman’ for doing nothing illegal at all.
He went on to say that not far away the officer might have found persons selling goods on the street and trading illegally by the Stock Exchange, yet they were not being arrested. Abraham Davis had been stopped, moved on, and searched on several occasions by the same City policeman and alderman Copeland was clearly implying that the constable was enforcing the law selectively, and with bias.
Alderman Hale took a different view. He noted that gambling was a problem. It led to idleness, to debt, and to crime as well as causing large crowds to gather and block the streets. There were laws against it and he was determined to enforce them regardless of the class of individual brought in front of him.
Alderman Copeland agreed that gambling was a public nuisance but argued as well that other infringements of the law – such as the illegal trade in tallow (carried out just yards from where Davis was arrested, and ignored by the police) must also be prosecuted. He also felt that having a betting book in one’s possession was not the same thing as organizing illegal gambling and he clearly felt that the policeman had overstepped by searching a gentleman’s pockets on the street.
In the end alderman Hale agreed that while the officer was within his rights to attempt to suppress the ‘evil’ of street gambling Abraham Davis had not been found to be doing anything illegal. Under the law he was innocent and so he discharged him. The law was, even at this level, supposed to be applied fairly and it seems that this is what the officer had been doing. Had he brought in some working class men for illegal trading I wonder whether alderman Copeland would have tried to defend them as vociferously as he attempted to defend a ‘gentleman’?
[from The Morning Post, Friday, September 25, 1857]