2.2.2

Law Enforcement in Early Modern Society

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Continuities in Law Enforcement During the Early Modern Period

A large number of methods of law enforcement continued during the Early Modern period.

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The Hue and Cry

  • The Hue and Cry was used in a similar way to before. Every member of the village would be expected to down tools and hunt for a criminal.
  • Any that chose not to join the search would be fined. In the event of the Hue and Cry failing the Posse would continue the search.
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Constables

  • The constable was one of the main methods used to track down criminals and maintain law and order.
  • This was still a part-time role undertaken by a key figure in the area.
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Church courts

  • Church courts remained in use during this period and dealt with crimes committed by men of the church and anyone that could claim the Benefit of the Clergy.
  • However, by 1600 many more ordinary people were claiming Benefit of the Clergy, reading the ‘neck verse’ so this practice was ended.
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Trial by jury

  • Trial by jury continued as a method still relying on a jury made up of local people.

Changes in Law Enforcement During the Early Modern Period

There were a couple of new introductions for law enforcement in the Early Modern Period.

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Town Watchmen

  • Town Watchmen were introduced to patrol the streets.
  • They patrolled during the day and the night and their role included the arrest and detention of vagabonds and drunks.
  • In reality, they were not particularly effective as they were poorly paid.
  • The role attracted people desperate for a job and as a result, those employed were often drunk on the job and faced ridicule.
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Justices of the Peace

  • Justices of the Peace (JPs) became an important method of law enforcement during this period.
  • It was usually local wealthy people that took the position as it offered prestige.
  • The role enabled them to pass sentence on others, issuing fines, ordered people to be whipped or send them to the stocks and pillory.
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Crimes JPs dealt with

  • JPs dealt with minor crimes on their own but four times each year they would meet up with other JPs for Quarter Sessions, where they would deal with more serious crimes.
    • At these sessions, the JPs had the power to sentence people to death.
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The army

  • During this period the army also became a feature of law enforcement.
  • They were often used to stop riots and capture organised criminal gangs.
  • This method was particularly unpopular with ordinary people.

Jump to other topics

1Medieval England, 1000-1500

2Early Modern England, 1500-1700

318th & 19th Century Britain

4Modern Britain, 1900-Present

5Whitechapel Local Study

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