Chapter 27: The New Law
VVD0D95
Banned
Chapter 27: The New Law
May, 1691
Anne took a moment to gather her thoughts, then she looked at the gentlemen gathered around her. There was Lord Chancellor Lord George Jeffreys a man she respected greatly, the Attorney General of England and Wales Sir Thomas Powys another man she respected greatly, the Lord Advocate of Scotland George Mackenzie and then the Attorney General of Ireland Richard Nagle. They had all come to Whitehall to discuss the impending declaration that Jeffreys wanted her to sign into law, without putting it through Parliament. Anne had her concerns and she wanted them answered.
She held up the document which would if Jeffreys had his way put into law the creation of a Regiment of Police for the city of London, and lay the groundwork for police regiments across England and Wales, and Scotland and Ireland. Anne looked at the lords before her and said. “This document is perhaps the most crucial piece of legislation that this regency will ever have to discuss. I have examined it thoroughly, and have consulted with you all individually about it. I am still somewhat uncertain about having it passed without it going through Parliament for the proper scrutiny. However, I understand the reasoning. I do however wish to discuss the finer points of the matter.” She paused for breath and then continued. “Specifically the clauses which actually relate to the forming of the police regiment for London.”
Lord Jeffreys, the Lord Chancellor spoke then. “What specifically about them is giving you concern, Your Highness?”
“The clauses that state that they shall be able to enter into a person’s home without forewarning, to be able to search the property for whatever reason they deem sufficient. To me, that smacks a little too much of the Ship Money incident which so plagued my grandfather His Majesty King Charles.”
The Lord Chancellor looked as though he’d expected her to raise that concern and thus his response was calm. “I understand your concern, Your Highness. However, unlike with the Ship Money case, this search is only when there is a crime that has been committed that would require the police regiments to search through a person’s property, if it is pertinent to the case. What determines whether it is pertinent is set out in Articles 3,4 and 5 of the bill.”
Anne read through those articles briefly to remind herself and then asked. “And what is there to say that the captain in charge does not abuse them?”
“The fact that they are quite clearly stating that if there is a tie between the crime committed and a named individual, then they have the right. But the individual must be named first by two witnesses.” Lord Jeffreys replied.
Anne looked at the Attorney General for England and Wales Sir Thomas, and asked him. “Sir Thomas, you have spent much time examining such cases, you wrote the defining article on the Ship Money case, is what the Lord Chancellor telling us true and can there be no question of a challenge from Parliament?”
Sir Thomas was a man from the old school, who very rarely spoke without thinking in depth, the way he held himself now suggested that that was exactly what he was doing now. A moment passed and then another, and then he said. “I believe that Lord Jeffreys is correct, Your Highness. There cannot be grounds for a legal challenge on this matter because the Articles correctly and rightly determine when the regiments would be able to come into a person’s house and when they could not.”
“Is there anything else that could cause Parliament to cause chaos in this regard?” Anne asked. She had heard from the Earl of Shrewsbury that someone named Somers was gathering support for a legal challenge, whether or not he would be successful, she did not know, but she did not want to give him extra opportunities to be so.
“Nothing within the bill goes against the common law, Your Highness.” Sir Thomas responded.
Satisfied, Anne then turned to the Attorney General of Ireland. “Sir Richard, will there be any trouble getting this passed through the Irish Parliament?” She had spoken with Sir William Temple about Ireland, and the man had said that Ireland tended to follow England in step, and she wanted to know whether that still held true.
Richard Nagle, Attorney General of Ireland was not a knight of the realm, Anne knew, but she intended to make him one soon enough, hence she was preparing for such a discussion. “Ireland will follow England, and to the best of our abilities there is nothing objectionable with the law.”
Anne nodded her thanks, before turning to George Mackenzie, the Lord Advocate of Scotland George Mackenzie, a man her father had trusted before his death, and someone she had become fond of. “Mr Mackenzie?” She asked.
The man immediately responded. “In its current form, the bill is only applicable to England and Ireland, Your Highness. There are a few changes that would need to be made to ensure it sat well with Scots Law. However, I understand the changes would make it not sit well in England and Ireland, therefore I would recommend a few sentence changes and then leave the rest to me.”
“What sentences would need to be changed?” Anne asked intrigued. She would need to visit Scotland soon, perhaps when the King was old enough to travel, she would take him there.
Mackenzie looked at the document and then said. “Instead of saying things like ‘Here onward we shall insist on the right to search and find,’ I would change it in Scotland to ‘From now on we shall ensure the right to find the necessary tools to end crime are.’ It is a small change but it is significant. Especially with the campaign being waged by Lord Campbell in trying to bring the western coast of Scotland into line.”
Anne looked at Jeffreys who said. “I shall make the changes, Your Highness.”
“Good, I want those changes made before the order is finally confirmed.” Anne responded.
“But you shall confirm it?” Jeffreys asked.
“Yes, of course,” Anne replied. “I see no reason not to.”
