Law Inforcement - Early Modern Period 1500-1700 Flashcards
How did people police?
- Hue and Cry
- Parish Constables to lead the hue and cry
- Town watchmen / sergeants
- Citizens: had to get an arrest warrant from magistrates
What were trials like in The Early Modern Period
- Manor courts: local non serious crimes
- JPs deal with minor crimes
- Royal judges for serious crimes
How did benefit of clergy change?
Church courts remained and you could still claim benefit of clergy, but serious crimes were not allowed to claim it. Only for low level crimes. Claiming sanctuary has also been removed (Henry VIII break with the church, wanted to limit their power.)
What is the Habeas Corpus act?
You cannot be locked up or arrested unless you are charged with a crime, anyone arrested had to appear in court or be released.
Was witchcraft a crime?
Yes, but was previously dealt with in Church courts. Now after 1550, it is officially recognised as a crime and is punishable by death.
How does King James I change the laws surrounding witchcraft?
He tightens the laws, and enforced major witch-hunts. 1964. He wrote a book called ‘demonology” about witches which changed and affected public attitudes.
How did religious turmoil affect belief in witchcraft?
Fear. The change from catholicism to protestantism meant people didn’t feel safe and felt exposed to evil. Cannot rely on the church
How did poverty affect witchcraft?
Economic problems as a result of the rising population: food shortages, unemployment. There were also poor harvests. People couldn’t explain this, blamed it on witches.
How did the civil war affect witchcraft?
The English civil war caused distrust. Also meant that there was a lack of strictness with law enforcement, so figures such as Matthew Hopkins could hunt witches. The Assize judges could not visit each country to deal with crime, so people took the law into their own hands.
How did Hopkins identify witches? How did he get them to confess?
He would look for a ‘devils mark’, which many women had as a result of harsh lifestyles and diets. He would torture them.
What was the Vagabonds Act (1)?
1494, Beggars or vagabonds would be put in the stocks for three days and then sent back to where they came from
How were vagabonds dealt with (2)?
1531, Beggars or vagabonds were deemed to be deserving or undeserving.Deserving - allowed to beg. Undeserving - Whipped and sent home.
What was the vagrancy act?
1547, Beggars forced to work, they could be whipped, enslaved or even executed.
Why were they punished so harshly?
People didn’t like that they had to pay to support vagabonds, and they were seen as a threat to land owners and the government as they could move around the country, making them think they were criminals.
Why did Vagabonds emerge?
- Henry VII banned private armies, so all the soldiers lost their jobs.
- Henry VIII dissolved monasteries so people could no longer seek help from the church or monks.
- Rising population, more unemployed.
- Bad harvests