Publications
History
of Private Security, Part 1
John H. Christman, CPP
Contrary
to popular belief, private security, particularly as a profession, is
not a relatively modern development. A study of history from the beginnings
of mankind shows that the protection of life and property is one of the
oldest tasks both faced and undertaken by man.
Thus, what
today is a multi-faceted and broad-based business and profession with
specialties and sub-specialties, employing more people than public law
enforcement, and financially representing over one per cent of the entire
gross national product of the United States with projections of continued
growth, private security has had an evolutionary growth - with its roots
buried deep in history and extending back to antiquity.
Because
private security as we know it today has developed as the result of a
multitude of ideas, concepts, historical events and identifiable individuals
and personalities, and because private security has become an essential
and necessary ingredient of modem business, industry and society; some
knowledge of how it developed is not only interesting but also helpful
in understanding this emerging profession and its future.
Ancient
and Biblical Periods
Archaeological digs and historical evidence indicate that the most primitive
of man was concerned with security and developed rudimentary security
techniques. Cave drawings and other evidence clearly demonstrate that
protection and enforcement of social codes was of concern to earliest
man. Meeting
these needs, from then until now, resulted in the development of modern
day public law enforcement and private security - and that the development
of these two now distinct and separate functions were in the past often
interwoven and indistinguishable.
In tribal
society, needs were basic; security probably did not extend beyond keeping
marauding animals from devouring others in the tribe while they slept.
While 'laws'
as such did not yet exist, we do know that tribal customs were followed,
and that some means of identifying and bringing violators of these customs
before the tribal chief for punishment existed.
Because private security and public law enforcement had common origins
and their development has only really bifurcated in more recent times
- and because to understand the development of both, one needs also to
understand the development of the concept of law (a very complex subject)
- let's define
'law'.
According
to "Black's Law Dictionary", law is "that which is laid
down, ordained, or established and that which is obeyed and followed by
all citizens, subject to sanctions or legal consequences."[1]
It must be kept in mind that 'law' is a general term and can be used in
many concepts. For example, we have the law of gravity, 'Murphy's Law,'
natural laws, criminal laws, civil laws, laws of nature, the law of the
jungle, etc. Our use of the term 'law' relates solely to those laws (codes
of conduct) considered necessary for an orderly society.
We must
not, however, confuse 'law' in this sense (i.e., a code of conduct which
carries sanctions) with morality, even though in many cases laws develop
from moral codes, or refine or reinforce moral concepts. For example:
The moral concept 'thou shalt not steal' is defined and refined by the
law in the
various penal codes enacted by appropriate authority which prescribe such
conduct, attach sanctions, and refine degrees of violations such as petty
theft, grand theft, etc. In other areas, moral laws such as 'thou shalt
not lie' are limited to application only under certain circumstances,
such as lying under oath
(perjury) and under certain other specified situations - it is only then
that lying is 'illegal' or 'against the law' and that sanctions apply
if such behavior is proven to have been undertaken.
It has been
said that the establishment of laws and a means of enforcing them is essential
to a well-ordered society and is a keystone of democratic forms of government.
The earliest
law was probably a combination of tribal custom and the wishes of tribal
chiefs. It was passed on by word of mouth (not written or codified as
it is today) and its sanctions, the implementation of which were probably
overseen by the tribal chief or the entire tribe, were primarily personal;
which is to say, designed to satisfy the aggrieved party.
The earliest
evidence of any written law does not appear until about 2000 BC. At that
time, Hammurabi, King of Babylon, compiled a legal code which dealt with
the behavior of individuals amongst themselves, as well as their responsibilities
to the society as a whole.
The Code
of Hammurabi set forth in writing the long established customs regarding
intra-group and interpersonal relationships, defined unacceptable behavior,
and spelled out the penalties and punishment for violations. Penalties,
for the most part, reflected the ancient 'eye for an eye' philosophy;
in
many cases the offender suffered a penalty similar to the hurt or wrong
done the victim.
The Old
Testament is replete with laws relating to intragroup and inter-personal
relationships. Laws relating to property, inheritance, slaves, criminal
offenses (theft, murder & prostitution, among others) can be found
throughout the Old Testament.
The next
significant development in the chronology of the development of law and
the protection of life and property occurred about 600-500 B.C. when the
early Greek city-states developed systems for guarding highways and other
strategic parts of their cities, including the protection of their rulers
- the
earliest evidence of Executive Protection.
The Roman
Empire (100 B.C. - 500 A.D.)
Significant events relating to the development of law, security and law
enforcement took place with the development of the Roman Empire. The "Twelve
Tablets" which covered the broad spectrum of the existing body of
Roman law appeared. Augustus
(63 B.C.-14 A.D.), Emperor of Rome, formed a military unit known as a
'Cohort' to protect the city. Members of the Cohort were known as 'praetorians'
and the now-historically famous 'praetorian guard' is considered by many
historians as the first police force, even though its members were military
personnel. Later in his reign, Augustus formed the 'Vigiles of Rome';
its members were civilian freemen whose task was to control fires and
assist in controlling crime and quelling riots.
Perhaps
the most significant contribution by the Romans came under the Byzantine
Emperor Justinian (483-565 A.D.), who summarized Roman law into the world's
first law book known as "Corpas Juris Civilis" (Body of Civil
Law). Thus,
by the end of the Roman period, we have seen tribal customs and trial
by ordeal evolve into written laws, standardized punishments and the beginnings
of such concepts as proof of guilt and fair trials.
Anglo-Saxon
Period (500-1066 A.D.)
England, from whence came the foundation of the current U.S. law, was
a country of instability and confusion from 500 A.D. until the late 800's.
The failure of the Roman conquest of England produced several hundred
years of turbulence, aimlessness and general lack of direction and forceful
leadership in
England.
Not until
King Alfred (872-901), do we see the beginnings of legal developments
in England which will continue and ultimately change and influence the
entire body of legal concepts in the world, of that time. The influence
of Alfred is significant in two aspects: He established the concept of
the "King's Peace" (i.e., widespread unlimited private warfare
among the various English kingdoms was inconsistent with preserving the
peace within the whole of England and would no longer to tolerated) and
he established a new code of law which set forth standardized forms of
punishment including specific fines for certain offenses.
The Anglo-Saxon
period also saw many customs and practices in the handling of the protection
of the citizenry which are recognizable as the forerunners of today's
practices. For example: Crime prevention and law enforcement was a community
responsibility, therefore, whenever an offense occurred a 'hue
and cry' went up and all persons were expected to assist in apprehending
the offender. The term 'hue and cry' is still heard today and the concepts
of citizen arrest and 'posse comitatus,' which were first evidenced in
this period, are very much alive and still in use today.
It was also
during this time that the English kingdoms began to be sub-divided to
meet both agricultural and societal purposes. One of the larger geographical
subdivisions was called a shire, and governed by an appointed person with
the title 'ealdorman.' A smaller sub-division, the 'hundred,' was governed
by a person known as a reeve. Eventually, 'ealdorman' became an Earl (our
present-day term "alderman," common in East Coast cities to
designate a political leader, eminates from ealdorman).
The King
soon appointed a person to assume primary control of the reeve; that person
was known as a 'Shirereeve', and our present day Sheriff derives from
the Shirereeve, and our office of Sheriff has similarities to the duties
of the Shirereeve, who was responsible for tax collection, law enforcement
and
who served as an agent of the King. Also during this period, we see the
first primitive form of a court system. Landowners and royal officials
met from time-to-time to conduct the business of the 'shire' or 'hundred'
which included resolving law suits and criminal complaints. While sitting
on these matters, the officials became known as courts and each had its
own jurisdiction depending upon the composition and residency of its members.
For persons
charged with a criminal offense, guilt or innocence were determined by
either "ordeal" or "oath," neither of which placed
any reliance upon facts, but rather relied upon some outward and resultive
manifestation of God's indication of guilt.
The ordeal
took many forms. An accused might, for example, be required to carry hot
coals for a specified distance. If his hands healed from the burns within
a specified time, this was a sign from God of his innocence; conversely,
if his hands had not healed he was guilty.
Trial by
oath consisted primarily of obtaining the required number of "Compurgators"
to testify as to the accused's truthfulness or innocence. As might be
expected, the higher the rank or position of the 'Compurgators,' the greater
the weight given their oath. Compurgators were essentially character witnesses;
it was not required that they have any knowledge of the events in question.
While capital
punishment was used occasionally; branding, mutilation and fines were
more common forms of punishment. Fines were on a graduating scale: low
for petty offenses and/or persons of lower rank and increased in amount
for more serious offenses or persons of higher rank or class.
The Anglo-Saxon
period can, with respect to law and justice, be characterized as a period
when the law of private vengeance prevailed, and where the biblical law
of Moses which regarded a crime primarily as an offense against the individual
rather than society as a whole - was totally accepted. Thus, a person
who suffered an injury from another could seek his own redress; if a person
was slain or disabled, it became the duty (and right) of his clan or village
to exact atonement in kind from the transgressor.
The Middle
Ages (1066-1500 A.D.)
The Middle Ages period began with William the Conqueror's successful (and
last in history) invasion of England and his accession to the throne on
Christmas Day of 1066, and ends with the beginnings of the modern era
at the end of the reign of Henry VII (1485-1509) - the first of the Tudors.
It is during this period that we see the development of many of the concepts
of law, justice and legal principles which form the underpinnings of our
own cherished western judicial system.
Norman
Period (1066-1199)
One of the principal results of the Norman conquest was the establishment
of feudalism in England. Feudalism was, among many things, a reciprocal
and contractual relationship between the lord (landlord of the fief or
land) and the vassal or tenant. Both parties had rights and responsibilities;
one of which was for the vassal to report to the lord's court and assist
the lord in the administration of justice.
It must
also be pointed out that during this period, there were two distinct legal
jurisdictions: the lord's courts and the ecclesiastical (church) courts.
The church had an elaborate code of laws (canon law) governing the lives
of the clergy and certain aspects of laymen. Lord's courts had jurisdiction
over
non-church matters, although there were frequent disputes as to who had
jurisdiction. The Norman conquest produced three very significant developments
in England, all of which impacted upon the justice system. These three
events were:
- The introduction
of feudalism.
- The centralization
of government, and
- The reorganization
of the church.
Some of
the direct results of William the Conqueror's leadership on the justice
system were:
- The formation
of the 'curia regis,' or King's court.
- The institution
of itinerant justices.
The King's
courts had jurisdiction over more major matters and serious offenses such
as homicide and robbery. The King's courts were generally in-session,
followed their own precedents, developed uniform procedures, and tended
to be more impartial than local courts.
As a result
of the above factors, they became quite popular among the citizenry. Because
the 'curia regis' traveled with the King on his constant journeys, it
was difficult for prospective litigants to know the location of the currently
sitting court. To solve this problem, the King often sent members of the
'curia regis' to various parts of the country to hold court. These justices
became known as itinerant justices.
The end
of the Norman period saw Henry II (1154-1189) on the throne. Henry II's
reign saw a treatise on the law of England written, and we see the development
of the differentiation of the various levels of crime and the first use
of the distinction between felonies and misdemeanors. Other significant
changes under Henry II included:
- Widely
extended jurisdiction of the King's court
- Enlarging
of the criminal jurisdiction of the King's court.
- Extending
the writ process to assure that any freeman having business before the
King's court would be heard.
- Expansion
of itinerant justices.
- The recording
of court decisions and the use of previous decisions as precedent for
future holdings, thus establishing a body of common law and the principle
of ‘stare decisis’ (to stand by decided cases and uphold precedent).
Finally,
and most significant, was the introduction of the forerunner of our jury
system as a standard part of the King's court procedures. In fact, in
cases involving land ownership, a freeman had an absolute right to trial
by jury. Simultaneously, deciding cases by oath was abolished. For these
reasons, Henry II is generally credited with laying the foundation of
our modern system of trial by jury.
Post
Norman Period (1200-1500)
The year 1215 was perhaps the apogee of the Middle Ages in the development
of modern legal concepts. In this year:
The Latern
Council abolished trial by ordeal.
King John
issued the Magna Carta, which not only made significant changes in the
relationship of the crown (state) to the people in the areas of taxation
and the exercise of royal power, but more importantly in the area of the
administration of justice. The Magna Carta contained language which is
similar to and the foundation of the United States' fifth amendment to
the Constitution, which provides that no person shall "be deprived
of life, liberty or property, without due process of law".
Of equal
or greater importance, the Magna Carta implied that the King was not above
the law and provided means for redressing royal transgressions.
Edward I
(I272-1307), a prolific legislator in the areas of law, is remembered
in history as the "English Justinian." Among his accomplishments
were:
- a. Issuing
the Statute of Winchester (also known as Westminster) which made harboring
a felon illegal.
- b. Writing
the Second Statute of Westminster which: [1] Established the practice
of having legal issues decided by the courts while questions of fact
were left to juries for resolution. [2] Began citizen participation
in crime prevention by 'requiring' that the hue and cry be raised whenever
crimes were committed and witnessed by citizens. [3] Established the
principle that ignorance of the law was no excuse. [4] Established the
concept of "hot pursuit". [5] Forbid strangers from lurking
about at night - a forerunner of current vagrancy and loitering laws.
[6] Established a "watch and ward" system which required night
watchmen or bailiffs selected from the citizenry to maintain order and
prevent crime. [7] Regulated prostitution in cities. [8] Provided for
clear areas next to roads to prevent and discourage criminals and highwaymen
from hiding there and committing crimes against travelers. [9] Required
male citizens to arm themselves to the ability his station in life permitted.
- c. Expanded
and formalized the court system and local responsibility for administering
justice.
- d. Ordered
free elections; forbid judges from permitting corrupt lawsuits from
being pursued in court.
Under Edward II (1327-1377), we see the appointment of justices of the
peace and the first use of coroners to inquire into unexplained deaths.
Edward III also issued the Statutes of Treason, which made giving aid
or comfort to enemies of the land treason-, counterfeiting the land's
currency was declared
treasonous.
The Middle
Ages ended with the reign of Richard III (1483-1485) and the ascendancy
to the throne of the first of the Tudors, Henry VII (1485-1509). From
the foregoing, it is quite reasonable to conclude that the Middle Ages
outshone any other era in the number of revolutionary and significant
advances made in the development of legal concepts which have survived
to modern day.
Modern
Period (1500 - present)
The 1500s. The rule of Henry VII (1485-1509) was marked by social
turbulence and the emergence of a new merchant or middle class in England
which profited at the expense of both the lower (serf) and upper (nobleman)
classes. Henry's having been dubbed the "Big Policeman" resulted
from his major efforts in
restoring law and order to England when it was threatened by social unrest
and upheaval. Henry found that trials had become corrupt and perjury prevailed.
He established the Court of Star Chamber, which sat without a jury and
was thus less subject to corruption; the court did its job under Henry
(although it was later subject to royal abuse under Charles I) and the
end of his reign saw England peaceful again; the Crown had consolidated
power; the spirit of individualism flowered and the Renaissance was in
full bloom.
The 1600s.
Changes in the administration of justice and innovations to the system
slowed down for the next couple of centuries. The 1600s saw the development
of "private police" to protect the property of merchants. Parochial
police were formed to protect parishes or districts within a city. Night
patrols were popular to prevent crime and give early warnings of fire.
During the
reign of Charles I (1625-1645), his constant feuding with Parliament over
their refusal to provide him adequate funds led Charles to subvert the
Court of Star Chamber into an instrument of royal abuse synonymous with
tyranny. The Star Chamber became famous for "third degree" methods;
to be charged with an offense was tantamount to being condemned. Punishment
was often corporal or considered "cruel and unusual". Charles
was finally forced by Parliament in 1628 to sign the Petition of Rights,
many of the provisions of which were restatements of the Magna Carta.
In 1641, Charles was forced to totally abolish the Star Chamber. His tyrannical
rule resulted ultimately in a civil war which saw Charles beheaded in
1649.
Oliver Cromwell
(1653-1658) assumed leadership after Charles' execution and was known
as Lord Protector rather than King. Cromwell maintained order by martial
rule and was eventually replaced by Charles II (1660-1684). Under Charles
II, Parliament rather than the King, was given the power to make new laws.
In 1679, the Habeas Corpus Act was passed, requiring law enforcement officials
to bring an accused before a judge to explain why the prisoner was being
held. (For a modern-day comparison, refer to Article I, Section 9, and
the 6th Amendment to the U.S. Constitution).
The continued
emergence of mercantile establishments resulted for the first time in
1663 in the formation of a force of paid constables to protect business
property at night. This force became known as the 'shiver and shake' watch.
The late 1600s also saw the proliferation of private police in the form
of merchant police, Parish police, dock police, warehouse police, etc.
We also see the first use of "rewards" to entice the public
to report known criminals and participate in the control of crime.
The 1600s
saw developments in America which paralleled those in England. Sheriffs
and constables were appointed as representatives of the English King.
Citizen participation in law enforcement took the English form - the night
watch system could be found in Boston, Philadelphia and New York.
The 1700s.
The 1700s saw an increase in the concern for individual rights; individuals
were no longer "conscripted" into nightwatch service. Rather,
tax revenues were used to pay for nightwatch personnel. The concept that
a criminal offense was an offense against the crown or state (i.e., the
whole of society) rather than a personal offense against an individual
victim, which had been slowly developing since the 1600s was by now well
established. In 1748, lawyer and novelist Henry Fielding was appointed
magistrate for the second district of London, the Westminster area. In
1750, Fielding published "An Inquiry in the Causes of the Late Increase
of Robberies" - probably the first Security Survey. Fielding took
over the Bow Street police station as chief magistrate, and proceeded
to make significant improvements in the London police force, including
the formation of the first plain clothes detective unit known as the Bow
Street Runners - since its members ran to the scene of crimes hoping to
apprehend the culprit.
©John
Christman
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