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Crime and punishment in early modern Britain, c.1500-c.1750 - OCR BEnforcing law and order

Early modern Britain saw significant changes in the nature of crime and punishment. As trade grew so did organised crime. The influence of Puritanism meant many moral crimes were punished. Hundreds of people - mainly women - were executed for witchcraft. Society's approach to law enforcement and punishment was influenced by many medieval practices.

Part of HistoryCrime and punishment, c.1250 to the present day

Enforcing law and order

As in the medieval period, there was no professional police force. Instead, there were a range of unpaid and amateur officials, and the whole community was involved in law enforcement. A range of courts continued to operate, dealing with different types of crime. However, there were some important changes, such as the extension of the role of

The people

The hue and cry

Just as in the medieval period, citizens were expected to respond to the if a crime was committed, to try to catch the culprit. The hue and cry was still led by the constable. The local could still be called upon to help in the search.

Constables

Constables remained an important part of law enforcement. There were usually two constables for each town or village, normally wealthier and well-respected men. They served for a year at a time. Their duties included:

  • leading the hue and cry
  • dealing with small crimes such as begging
  • dealing with people who broke Sunday laws
  • inflicting some punishments, such as the whipping of (also known as vagabonds)
  • holding suspects in prison until their trial

Justices of the Peace

JPs ran the quarter sessions and petty sessions. In addition, the powers of JPs were extended in this period to include granting licences for alehouses, regulating sports and arresting vagrants.

Watchmen

Watchman' wearing a hat and long coat, carrying a lantern and spear.
Figure caption,
Watchmen patrolled the town streets at night, looking out for criminal activity

Larger towns employed watchmen to patrol the streets at night and during the day. Their job was to arrest people who were drunk, vagrants and other criminals. They had permission to look in through people’s windows to check they weren’t committing crimes.

Watchmen were supposed to deter criminals but they weren’t very effective. They were paid poorly, were often elderly and were generally not very committed to the job.

Thief takers

Thief takers were private individuals who made a living from tracking down wanted criminals in order to collect the reward on offer. However, they were often quite corrupt, money from the criminals they were supposed to catch. They were even known to set up innocent people by luring them into crime purely to collect the reward for catching them later on.

Jonathan Wild, nicknamed the ‘Thief Taker General’, was one of the most famous thief takers in the early 18th century. He supposedly policed the streets of London, handing over criminals and negotiating the return of stolen goods. However, in reality, it is suspected that he and his men were behind most of the crime in the area.

The courts

The assizes

The assize courts dealt with serious crimes, which could be punished by death. Royal judges visited towns in each area of the country twice a year to hear these crimes, which included:

  • murder and
  • burglary and grand larceny (the theft of goods worth more than 12 pence, which would have been a day’s wages for a skilled tradesman at this time)
  • highway robbery

The quarter sessions

The JPs in each county ran quarter sessions four times a year. These courts tried less serious crimes, mainly petty theft - this included stealing goods worth less than 12 pence.

Petty sessions

By the 17th century, there was too much work for the quarter sessions alone to deal with. Therefore, smaller groups of JPs started to meet in their local areas in petty sessions. They dealt with small offences such as drunkenness.

Manorial courts

The courts carried on dealing with minor crimes carried out by tenants on the lord’s manor, such as selling underweight bread or allowing animals to stray. However, they were replaced during the 17th century by the petty sessions.

Church courts

Church courts still dealt with crimes committed by the A new law prevented people who were accused of serious crimes from claiming benefit of clergy.

The Church courts played an important role during the late 16th and early 17th centuries, when they were active in trying to maintain high standards of Christian behaviour. Swearing, breaking Sunday rules and committing sexual offences could all be tried in the Church courts.