Thursday, January 28, 2021

Law and Order in the 17th century

 From Aspects of History:

In many of my 17th century novels, people fall foul of the law in one way or another, and so I found it fascinating to examine what was in place to keep the peace in this era before the Police Force. During the 17th century the responsibility for law and order fell on the community through its constables; though actually only a proportion of the community were eligible for this post – that is the householders. Tenants were not allowed to be constables. The office was usually held yearly amongst the wealthiest householders who were obliged to serve, or provide a deputy in their stead. I have read of one occasion in 1644 where in Upton, the householder turned out to be a widow. Given the often violent nature of the job, Jane Kitchin was obliged to hire a deputy. Though I have to say, I rather like the idea of a woman fulfilling this role, and may very well use it in a novel one day!

Unlike later police, the position was strictly amateur, with the constable receiving no remuneration for his services, which could be both dangerous and cumbersome. However, what it did do was to promote a shared citizenship, and in the early 17th century, gave prominent householders an understanding of how the systems of ancient Manorial land ownership worked. Once a year, the constables from neighbouring parishes were sworn in at the local Justice’s office or residence by the High Constable of the County.

Their duties were primarily in disputes over land and territory, particularly with regard to tenancies, but also after the Excise Act of 1642 they were also charged with collecting tax and duty on goods. A duty was put on provisions coming into the cities from the country – on beer and cider and soap, and the next year on salt, hats, starch, and copper goods. This law was extremely unpopular, as these were not imported items from abroad, as before, but everyday necessities, and the enforcing of this law, and the collection of these monthly excise duties must have been a great burden on the elected constables.

Like doctors or vets today, the constables were constantly ‘on call’, meaning they often had to leave their dinner or their sleep to deal with the drunk and disorderly, street fights, or criminal activities. (Read more.)

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