Law & Order in the 16th Century (WJEC Eduqas GCSE History): Revision Note

How Much Did Law and Order Change During the 16th Century? - Summary 

Law and order in the 16th century remained largely the same as in the medieval period, with communities still playing a key role in catching criminals and maintaining peace. Systems such as the hue and cry and posse comitatus continued, relying on ordinary people to catch criminals. Parish constables and town watchmen enforced local laws, while able-bodied men were expected to help when crime occurred.

The main development was the increased importance of justices of the peace (JPs)-wealthy local gentry who oversaw law enforcement and punishment in their areas. Although unpaid, the role gave them significant power. Despite growing urban populations putting pressure on these systems, policing remained local and community-based. It was not until the 19th century that law enforcement saw a major change with the creation of organised, professional police forces.

Growth of Civic & Parish Responsibilities

• Maintaining law and order in the 16th century was very similar to that of the medieval era 

• The following were still largely responsible for keeping the peace: 

  • Justices of the peace (JPs) 

  • Town watchmen

  • Parish constables 

• The community still played a vital role in the capture of criminals 

  • Parish constables still used ‘hue and cry’ as people did in the medieval era 

    • Able-bodied men were expected to search for criminals 

    • This search could go beyond the parish 

  • Parish constables could also use posse comitatus  

    • Which ordered every male over the age of 15 to catch a criminal or stop a riot 

• Members of the gentry had more civil responsibility in the Tudor period as they became JPs 

  • They were responsible for enforcing the new laws enacted by Parliament 

  • JPs attended quarter sessions four times a year

    • They 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)

  • This was an unpaid position, but it gave them considerable power in their local area 

• However, urbanisation and the increase in the population put a considerable strain on

  • JPs

  • Watchmen

  • Parish constables