JPs Flashcards
How did justice work in the localities during the Tudor Period?
- Done in the monarch’s name - to uphold law and order.
- Common law operated via a combination of central courts of law, travelling courts and local courts. Main court was the London-based Court of the King’s Bench - heard important cases.
- Central Court judges toured the localities twice a year to monitor local processes and hear cases in the courts.
- Local officals played a crucial role in keeping order, most importantly the JPs.
Who were the Justice of the Peaces?
Large landowners who kept law and order in their local areas
- Elected annually for each country.
- Reports to the Privy Council.
- Unpaid role but it provided a position of power and influence (inc local affairs).
- Attended quarterly sessions four times a year.
What were the founding powers of the JPs?
- Hearing and deciding cases of felon and trespass.
- Arrested potential suspects,
- Supervise fixing of prices and wages.
- Administer the Poor Law and control vagrants.
How did monarchs attempt to carefully monitor JP appointments
Used the county benches to insert members of their Court into the local Government to enhance control.
Issues of JPs (before and during H7)
- Nobility or the gentry didn’t have to live in the area to be appointed, as the qualification for selection was the ownership of land at least £20/yr or mainly because they were lawyers.
- Inevitably, because the men responsible for overseeing local justice also had their own interests to protect - there was a certain amount of bending the system.
- DIDN’T STOP the growing range of powers given to JPs.
Henry VII
What were the average number of JPs per county?
Average of 10 JPs per county. Increased to more than 50 per county in 1509.
Henry VII
Why did the roles increase?
- As an usurper, he was vulnerable to rebellions and rival claimants. Therefore, he often appointed trusted members of his court to be JPs.
- EXAMPLE = Sir Thomas Lovell in Yorkshire and Sussex - not expected to be active at every session but he acted as a crucial link between the centre and the localities.
Henry VII
What powers did the JPs have?
+ Act on info received about subjects w/o waiting for a jury to be summoned.
+ Replace the jurors they considered corrupt.
+ Inquire into illegal retaining by the nobility.
+ Examine complaints of corruption against other local officials like the sheriffs.
Began the extenstion of the admin/judicial role of JPs
Henry VIII
Number of JPs per county
- Around 20-35 members at his county benches
- 2200 total JPs in England - almost 90% gentry.
Henry VIII
Issue of JPs regarding their power
- Appoints were usually made for life but removable from county benches.
- They were often suspected of not following govt orders, or misusing his position to improve his local power.
How did Wolsey try improve local justice and quality of MPs under Henry VIII?
- 1526 = summoned the JPs to hear a speech before asking them to fill in a 21-section questionnare on law and order in their region.
- Used JPS to gain better control in the North and Wales from 1513.
How did Cromwell try improve the role of JPs under Henry VIII
- Cautiously checked who was appointed - particularly since he expected them to enforce the Supremacy and the Reformation.
- Created the Lord Lieutenants after the 1549 rebellion to become supervisors of JPs, giving the government better control over them.
- Trend for placing more responsibility on the JPs continued after Henry VIII.
Edward VI
Why did the powers increase?
The social and economic crises of the late 1540s and early 1550s, including the serious rebellions of 1549, led to fears of social disorder - so passed acts of parliament in 1549 and 1552.
Edward VI
What were their roles?
- 1549 = ordered to JPs take inventories of parish goods and prosecute anyone found to have stolen them.
- 1552 = all alehouses had to be licensed by JPs and enforced the Second Prayer book.
Elizabeth
Number of JPs
- Average 40-50 number of JPs per county.
- By 1603, it increased to 40-90 members.
- 1,500 JPs in total.
