Anthology Leads: Kate McPherson and Kate Moncrief.
Released with Early Modern England Encyclopedia 1.0a
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Early Modern England Encyclopedia
By Alyssa Hubbert, inspired by
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This document uses Canadian English spelling
During the early modern period, England had various types of law enforcement and enforcers. An officer’s reach of power during the 16th and 17th centuries depended mainly on their rank. The title of sheriff, undersheriff, bailiff, or justice of the peace gave these men charge of law and order, keeping town and community peace, and other various regulations within their local jurisdiction.
Sheriff was by far the most recognized law enforcer during England’s 16th and 17th centuries. During the reign of William I the Conqueror, starting in 1066, the ecclesiastical and secular courts were separated. This left the sheriff as the head of office in secular law enforcement. The sheriff led military forces, investigated criminal accusations, and arrested or detained the people accused of crime. The sheriff was also responsible to truthfully represent all information regarding the region or county which they oversaw to the Crown and its representatives.
The undersheriff was second in command directly after the sheriff. Their job was to oversee law enforcement issues if the sheriff was unavailable. Like the sheriff, the undersheriff represented the Crown and delivered all relevant information regarding the county which they served to the Crown if need arose.
When the role of bailiff was created, the title was respected. But because their primary responsibility was collecting fares and fees (taxes), the reputation of bailiffs declined over time. Additionally, some bailffs worked privately for a nobleman, to oversee estate land or property and accompanying buildings. Outside of property and personal roles, bailiffs also oversaw the protection of those in court while the court was in session and assisted with legal processes.
The justice of the peace was an appointed position from the Crown for a county. It was a rank given mainly to local gentlemen. They primarily oversaw small criminal cases in a magistrate’s court or petty session as the need arose, delivering larger matters to the judges of the assizes or the quarter sessions (see below for more on these courts). The position arose from the Justice of the Peace Act of 1361 in England and Wales. Their duties included:
In order to manage more major civil and criminal cases, counties held an assize court session quarterly, sometimes in cooperation with neighboring counties. The introduction of these court sessions began in 1327 under the rule of Edward III and were not abolished until 1971. Each quarter session was overseen by two justices of the peace and a clerk of the peace. During these hearings, the justices of the peace heard the evidence regarding the accused and assigned punishments in consultation with a jury. All cases reviewed during these sessions were
The courts of assize dealt with capital crimes such as murder, burglary, highway robbery, forgery, and rape, and with major civil cases regarding property and inheritance. They were overseen by judges who came from outside the county, usually from London, on a prescribed geographic circuit. They were held twice a year in provincial towns to help spare litigants the expense and difficulty of traveling to London.
Officers of the law populate many plays of the period, including those by Shakespeare.
Shakespeare’s Histories:
Shakespeare’s Comedies:
The example of Dogberry is an interesting one. He is a chief of police in the play