Law Enforcement in Early Modern England (Edexcel GCSE History)

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).

Church courts continued to be used, but the Church’s role in law enforcement began to decrease. Rising literacy rates meant that more people could be tried in these more lenient courts. The system became even more open to abuse than it was in the medieval period. This led various monarchs to restrict access to benefit of clergy and sanctuary.

The increasing population and growth of urban areas led to some changes. Town authorities began to play a bigger role in law enforcement. Town watchmen and town constables policed crime in larger towns. However, their lack of motivation limited their success. Many relied instead on the likes of armed guards for protection and thief takers for justice

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

  • Hue and cry

  • Coroners

  • Parish constables 

• Urbanisation led to some changes

  • Crimes increased

  • 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

• 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

• 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 

Local Early Modern Law Enforcement: Town Constables

• Town authorities appointed town constables