Law Enforcement in Early Modern England (Edexcel GCSE History)
Revision Note
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Law Enforcement in Early Modern England - Timeline
Law Enforcement in Early Modern England - Summary
There was mostly continuity between medieval and early modern law enforcement. The local community still played a major role in hunting down and catching criminals. In fact, they were given even more power to do this by the likes of Justices of the Peace (JPs). |
Change and Continuity in Early Modern Law Enforcement
Policing
Still largely relied on ordinary people in the local community
Many medieval systems and roles continued, including
A diagram highlighting some of the features and responsibilities of early modern parish constables
Urbanisation led to some changes
Ordinary people were given more power to deal with crimes themselves
They could obtain an arrest warrant from a Justice of the Peace (JP)
This allowed them to catch a criminal and deliver them to the constable
They were given rewards for this (usually money)
Reward payments could be as high as a year’s income (for a typical middle-class family)
Wealthier households joined together to hire armed guards
This gave protection to a person’s family and property
This was a precursor to a paid police service
Some theft victims hired professional thief takers
They were tasked with reclaiming the victim’s stolen property
They then received a portion of the recovered property
They delivered criminals to the authorities
This was open to corruption
Thief takers were sometimes criminals themselves
Trials
Most trials still took place locally
JPs
Introduced in medieval England
Took on a greater role in early modern England
Attended quarter sessions four times a year, JPs met with other JPs across England to judge more serious crimes
four times a year, JPs met with other JPs across England to judge more serious crimes
They had the power to give criminals the death sentence
Judged manor court cases
These continued to handle local, minor crimes (like drunkenness and selling underweight bread)
Assisted by the constable
A diagram featuring the kinds of punishments JPs handed out in manor court cases
Royal judges
Continued to visit each county twice a year to judge the most serious crimes
These became known as country assizes
The Habeas Corpus Act, 1679
Prevented authorities from locking people up indefinitely
Those who were arrested had to, within in a certain time, do one of the following:
Appear in court
Stand trial
Be released
Habeas corpus is still in effect today
How did the Role of the Church in Law Enforcement Reduce in Early Modern England?
Church courts continued to be used to try
Clergy
Those who could claim benefit of clergy
By the early modern era, more people could read
This meant more people could recite the ‘neck verse’
Edward VI changed the law on this
People could no longer claim benefit of clergy for serious crimes, like murder
From the late 16th century, Church courts could only try moral crimes
Everyone, including clergy, now had to be tried in secular courts for criminal acts
Sanctuary was also restricted, before it was eventually abolished
An illustration showing some of the ways different monarchs reduced the role of the Church in law enforcement
Overall, the Church lost some of its power in law enforcement
The justice system became more secular
Local Early Modern Law Enforcement: Town Watchmen
Larger towns began to use town watchmen
The illustration below highlights some of the features and responsibilities of early modern town watchmen
IMAGE
An illustration highlighting some of the features and responsibilities of early modern town watchmen
Local Early Modern Law Enforcement: Town Constables
Town authorities appointed town constables
The illustration below highlights some of the features and responsibilities of early modern town constables
IMAGE
An illustration highlighting some of the features and responsibilities of early modern town constables
Worked Example
Describe two features of town watchmen in the early modern era
4 marks
Answers:
In the early modern era, town watchmen were used in larger towns (1) to look out for criminal activity (1)
Town watchmen patrolled the streets from 10 pm until dawn (1) and were expected to arrest drunks and vagabonds (1)
Exam Tip
Be careful not to confuse town watchmen with town constables
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