the true Statesman will always be to fix, in every man, as near and immediate a sense of interest and responsibility as possible.

Intimately mixed with such questions is always one far beyond the mere material one. It is the fashion of our time to look at everything only from this mere material point of view; to reckon excellence by cheapness only; and to estimate every proposition according to its fancied material results only. But it is far beyond all these things in importance, that the moral energies of men should be maintained ever active at their highest tone. It is of the highest importance, socially, intellectually, morally, and therefore politically, that every possible inducement should, at all times, be held out to men to see and feel and recognize, as an habitual part of their being, the duties of citizenship, the responsibility which each man owes to his neighbours and his neighbourhood. All the modern experimentalists, including those who would tinker at the Law of Highways, look only at man as an automaton machine, having selfish material concerns as the sole aim and end of life. They judge of others by themselves. They assiduously pander to the selfishness of men, in order that the system of functionarism may be extended. They parade pretentious but unreal "improvement," specious but most mischievous humanitarianism, and self-exalting but hollow philanthropy, to cover the eager grasping after patronage.*

The system which would do everything for men, instead of calling upon the intelligence and responsibility of all men to do, themselves, what concerns them, does but offer a bribe to sheer slothfulness and selfishness, to shun the trouble of that exertion, whether of thought or action, which is necessary in order to maintain the spirit of manliness, and the consciousness of independence, and the reality of self-respect, as well as the course of true enterprise and sound progress. Despotism always covers its encroachments under the mask of some fair pretences. The worst form of despotism is the silent enslaving of a nation by Functionarism and Bureaucracy. The means by

population and means of intercommunication, instead of being a ground or reason for centralization, is one of the strongest reasons for more thoroughly developing the action of Local Self-Government. See 'Local Self-Government,' etc., p. 48. This is a very important point.

*See before, p. 215.

HOW GOOD MANAGEMENT ENSURED.

365

which these foes to our institutions and liberties, have made and are still making their way in England, are, by continual appeals, under the cloak of philanthropy and "reform," to the material and selfish interests and slothful temper of men immersed in the eager pursuit of self-aggrandisement.*

It matters not whether designs and attempts such as these exhibit themselves in matters of Highway management, or under any other cover. They are equally characteristic of a Jesuitical and profligate system, the most dangerous to the true interests and welfare of humanity; the most fatal to the liberties of Englishmen.

The present Highway Act is certainly not without several imperfections. But it is far freer from these than most Acts of Parliament. It is absolutely certain that it is, in every way, more practical and satisfactory than any act that would be passed now, when less and less practical knowledge of all such questions is daily shown by those who assume the task of Legislators.+

* See Local Self-Government,' etc., chap. xii. :-" How may freedom and human progress be most successfully attacked."

+ See before, pp. 116, 220 note *.

SECTION II.

WATCH AND WARD.

PROTECTION OF PERSON, PROPERTY, AND RIGHTS; AND PROSECUTION OF WRONG-DOERS AGAINST EITHER.

IT has been already shown that the present practice of watch and ward is in an anomalous state. It is wholly inefficient and unsatisfactory and it is so, simply and demonstrably, because it has departed from the sound principles and practice of the Common Law. Those principles and practice are based upon the idea of responsibility; the responsibility of every place to every inhabitant thereof, and of every place to the whole State, that watch and ward shall be duly kept therein, and the public peace maintained. These principles being maintained in action, the interest of every individual is felt to be identified with that of the whole place: the interest of the whole is identified with that of every one of its members.† Every motive is directed to the prevention of crime. Functionarism is not allowed to put in its hand, in order to make a gain out of what is against the common interest. A premium is not allowed to be held out to the fostering of crime, in order that its fosterers may seem zealous in its exposure, while profiting by its perpetration. The State, and every place, and every individual, suffer alike from every step towards a departure from these principles and practice. And it is not until these are returned to, that the public

* See before, Chap. III. Sec. 3.

"The several householders being, in this manner, responsible for the. orderly and regular conduct of their families; the Tything for its householders; the Hundred for the Tythings; the Trything for its Hundreds; and the whole County for the Trythings;-every one was under a sort of necessity to keep a watchful eye over his neighbour's life and conversation; and to consult the public good, by taking all due care, that the speediest punishment should be inflicted for every breach of the laws: so that it was hardly possible for a malefactor to escape with impunity, whilst it was made the interest, as well as the business, of so many different persons to bring him to immediate justice."-Archdeacon Squire's Inquiry into the Foundation of the English Constitution,' pp. 241, 242.

SYSTEMATIC INQUIRIES.

367

service in this behalf will be well fulfilled, or an economical, responsible, or thoroughly efficient system of watch and ward

exist.

Efficient action on this matter was formerly unevadible. It will be useful to show, in as few words as possible, the practice followed under the Common Law, in order to prevent the evasion of responsibility, either by any place or by any officer.

This practice consisted, as already hinted, in public inquiries, regularly and periodically made in every parish, in every hundred, and in every county; and which went directly, both to the happening of any facts of wrong-doing, and to the dis charge, by every officer, of his duties.* It will be at once seen how close an observation was thus kept on the fulfilment of all matters that concern watch and ward, as well as upon other things touching the general welfare.

The following is an example of the things thus regularly put before the sworn jury of freemen in every place; and which had to be everywhere answered:-" Whether the Roll [of inhabitants] is complete. Whether any have gone away under any circumstances of suspicion. Whether all on the Roll have come up to the Folk-mote. Touching burglars, thieves and robbers, forgers, murderers, house-burners; and the accessories and harbourers of any of these. Touching outlaws and returned convicts. Touching treasure-trove, murders, and stolen goods found and kept. Touching gaol-breach, rape, abduction; and wrong-doers in parks, burrows, warrens, etc. Touching maimings, assaults, false imprisonments, and other breaches of the peace. Touching usurers, traitors, etc., and their harbourers. Touching petty thefts. Touching the hue and cry wrongly raised; or, if rightly, not followed up: who raised it, and by whose default suit was not followed up.§ Touching landmarks broken, removed, or altered. Touching watercourses turned or obstructed. Touching ditches, walls, water-banks,

* See before, pp. 23, 46, and after, 375, 385, notes.

+ It is curious that Mr. Justice Coleridge, in his valuable edition of Blackstone's Commentaries (vol. iv. p. 301 note), should have stated that he is "not aware that this was ever made a substantive matter of inquiry." Nothing can be more precise than the above.

See before, pp. 60, 61. The device of Polling is a direct violation of the Common Law. All must come to the mote ("moot ;" discussion") itself, or they fail in a positive obligation.

§ That is, what officer neglected his duty, if the duty was neglected. See before, pp. 128, 129, and notes, as to hue and cry.

pools, or anything of like sort, meddled with, damaged, or otherwise, to any man's hurt. Touching ways and paths wrongfully obstructed or narrowed. Touching false weights and measures. Touching watch and ward not duly kept, and highways not well maintained. Touching bridges and water-banks out of repair;" etc. etc.*

These searching inquiries into the due fulfilment, and into all breaches of the due fulfilment, of the duties and responsibilities of every neighbourhood, were not rare and occasional. They were, as they ought still by Law to be, regular, periodical, and frequent. They were made by the Local Body itself in every Parish; but they were also made before the Sheriff in his biennial Tourn or circuit in every Hundred; and again before the representative of the State,-the Justice in Eyre; as well as on other occasions. The constable had to see, in the meantime, that things were rightly kept, so that these inquiries might be answered without the place incurring those penalties which inevitably attached to it in any case of neglect. Such are the thorough methods provided by the Constitution for ensuring full

* See 'Local Self-Government,' etc. p. 298, note. The Articles of Inquiry above given are from Fleta, as quoted in the place cited. Other articles, embracing, in different words, the same subjects, will be found in Horne's 'Mirror of Justices,' chap. i. sec. 17; and in the large folio edition of the Statutes, vol. i. p. 246.

I might quote numberless authorities as to the practical use and the details of these articles of Inquiry. The above is selected for its brevity. I content myself with further referring to Kitchen's 'Court Leet,' pp. 86 to 53 a, and to Lambard's 'Eirenarcha,' pp. 420-484; where the articles of inquiry, condensed above, will be seen at much fuller length. See also the illustrations which I have quoted in 'Practical Proceedings,' etc., pp. 5-9. Had the Committee of the House of Commons in 1855-6, on 'Public Prosecutors,' really desired to search out the truth, and give it a practical direction, instead of merely making itself the instrument of getting up a case on behalf of functionarism, it would have directed its investigations to the mode in which these systematic inquiries were made and followed up; and when and why, and by whose neglect, the habit of them has fallen into disuse. Instead of this, points so directly practical were carefully omitted, or rather refused, to be inquired into, because they would obviously have brought out facts that would tell against the object for which the Committee was appointed, -namely, at whatever cost to the public interests, to get up a case for the increase of Ministerial patronage. See after, p. 387.

It is proper to refer here to the Inquisitiones Nonarum (often mentioned in the text) and the Hundred Rolls (published by the Record Commission in 1818) as apt illustrations of the adaptability of this system of Inquiries to any sort of circumstances that may arise.

See, for example, pp. 35, 107.