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How far do you agree with this statement: ‘There were more similarities than differences in law enforcement between the Medieval period (1250 – 1500) and the Early Modern period (1500 – 1750).’

Level

GCSE

Year Examined

2020

Topic

World History

👑Complete Model Essay

How far do you agree with this statement: ‘There were more similarities than differences in law enforcement between the Medieval period (1250 – 1500) and the Early Modern period (1500 – 1750).’

Introduction
Briefly state the question in your own words: This essay will examine the similarities and differences between law enforcement in the Medieval and Early Modern periods in England to assess whether they were fundamentally more alike or distinct.

Similarities in Law Enforcement
Paragraph 1: Despite the transition from the Medieval to the Early Modern period, law enforcement in England remained heavily reliant on community involvement. Both eras lacked a professional police force, depending instead on systems like the “hue and cry.” This involved citizens raising an alarm to apprehend criminals, demonstrating a shared responsibility for maintaining order. Victims also played a crucial role in initiating prosecutions, signifying the limitations of centralized authority. For instance, if a theft occurred, the victim was expected to raise the hue and cry and often had to gather evidence and bring the case forward themselves. This reliance on individual action could be challenging, particularly for those without social standing or resources.

Paragraph 2: The administration of law enforcement continued to rely on unpaid, local officials throughout both periods. Justices of the Peace (JPs), constables, and sheriffs maintained their roles, albeit with shifting responsibilities. JPs, appointed from the landed gentry, held considerable influence in their communities, dealing with a range of judicial and administrative tasks. Constables, typically drawn from villagers, acted as unpaid officers, while sheriffs, historically powerful figures, witnessed a decline in their authority in the Early Modern period. This enduring reliance on local, unpaid figures underlined the limited reach of central government, particularly in rural areas.

Differences in Law Enforcement
Paragraph 3: While local structures persisted, the Early Modern period witnessed a gradual shift towards greater central government involvement in law enforcement. The decline of sheriffs coincided with the rising prominence of JPs, who became increasingly accountable to the Crown. This reflected a broader trend of standardizing legal procedures and asserting royal authority. For example, legislation passed by Parliament, such as the Statute of Winchester in 1285, which reinforced the hue and cry and watch systems, demonstrates attempts to create a more unified approach to law and order across the country.

Paragraph 4: The Early Modern period also saw the emergence of new law enforcement mechanisms in response to societal changes. Urbanization, with its associated social problems, led to the introduction of paid watchmen in larger towns. These individuals patrolled the streets at night, providing a more visible form of law enforcement than previously seen. Furthermore, the decline of manor and church courts, which had handled minor offenses in the Medieval period, coincided with the rise of petty sessions held by JPs. These sessions provided a more formal setting for dealing with minor crimes and disputes.

Conclusion
Weigh the evidence presented: Law enforcement in the Medieval and Early Modern periods undoubtedly shared similarities. The reliance on community participation and the roles of local officials remained significant.
State your opinion: However, the differences, particularly the emergence of new practices driven by a more proactive central government and urban development, cannot be ignored. Provide a brief explanation for your conclusion: Therefore, while traditional methods persisted, the Early Modern era witnessed a gradual but significant shift towards more structured and centrally influenced law enforcement. This suggests that while echoes of the Medieval system remained, the foundations for a more modern approach were being laid.

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Introduction
Briefly state the question in your own words: This essay will examine the similarities and differences between law enforcement in the Medieval and Early Modern periods in England to assess whether they were fundamentally more alike or distinct.

Similarities in Law Enforcement
Paragraph 1: Focus on the continuity of community-based law enforcement.
br - No professional police force in either period.
br - Reliance on the hue and cry system.
br - The victim's role in initiating prosecution.
br - Examples: How did the hue and cry work in practice? What were the challenges of relying on victims to come forward?

Paragraph 2: Discuss the enduring roles of unpaid officials.
br - Continued importance of JPs, constables, and sheriffs.
br - Limited central government oversight.
br - Examples: What were the specific duties of these officials? How did their roles differ in towns versus rural areas?

Differences in Law Enforcement
Paragraph 3: Highlight the growing role of central government.
br - Decline of sheriffs and the rise of JPs.
br - Increasing standardization of legal procedures.
br - Examples: Specific instances where royal authority influenced local law enforcement. Did legislation from Parliament impact local practices?

Paragraph 4: Explain the emergence of new law enforcement mechanisms.
br - Urbanization and the need for watchmen.
br - Decline of manor and church courts, rise of petty sessions.
br - Examples: How did the duties and powers of watchmen differ from constables? What types of cases did petty sessions handle?

Conclusion
Weigh the evidence presented: Acknowledge that both similarities and differences existed.
br State your opinion: Was law enforcement more similar or different?
br Provide a brief explanation for your conclusion: For example, did the emergence of new methods outweigh the continuing reliance on traditional practices?
br Optional: Briefly consider the impact of broader historical changes (e.g., economic shifts, religious changes) if they are relevant to your argument.

Extracts from Mark Schemes

Was Law Enforcement in England Fundamentally the Same in 1500-1750?

Answers may be awarded some marks at Level 1 if they demonstrate any knowledge of crime rates in the period 1500-1750, economic problems or any other factor. It is possible to reach the highest marks either by agreeing or disagreeing or anywhere between, providing the response matches the level description. BUT, to achieve the two highest levels, answers must consider both sides of the argument before reaching a conclusion. Answers are most likely to show understanding of the second order concepts of similarity and difference and causation but reward appropriate understanding of any other second order concept. Answers are most likely to show understanding of the second order concepts of causation, consequence and significance but reward appropriate understanding of any other second order concept.

Grounds for Agreeing:

There was still no professional police force and local communities continued to police themselves. This meant that the responsibility for maintaining order and catching criminals still rested largely on the shoulders of local inhabitants.

It was still up to the individual victim to decide if to prosecute someone. This meant that the justice system was still very much focused on individual grievances rather than on broader notions of public safety.

The hue and cry was still part of society. This was a system of raising an alarm to alert others to a crime, and it was still seen as a vital part of crime prevention and detection.

Law enforcement continued to be administered by unpaid (and amateur) officials such as JPs, constables and sheriffs. This meant that the justice system was still very much based on local knowledge and connections, rather than on professional expertise.

The structure of the court system remained consistent with the middle ages. This meant that the methods of trying and punishing criminals remained largely unchanged from earlier centuries.

Grounds for Disagreeing:

The role of sheriffs became less important as the government increased the role of JPs. JPs were appointed by the Crown and given more authority to enforce the law, which gradually eroded the power of sheriffs.

As towns grew, some began to employ watchmen to patrol the streets and arrest drunk, vagabonds and other criminals. This was the beginning of a more organized approach to policing, which would eventually lead to the development of professional police forces.

After 1600 local manor courts and church courts declined and more criminals were dealt with by JPs at petty sessions. This meant that the justice system was becoming more centralised and professional, with more cases being handled by trained officials.

In conclusion, while there were many similarities between the law enforcement system of the 1500-1750 period and that of the Middle Ages, there were also significant differences. The government increasingly took a more active role in law enforcement, leading to the gradual development of a more centralized and professional system. However, the core principles of local responsibility, individual accountability and reliance on unpaid officials remained largely unchanged. Therefore, it is difficult to say definitively whether law enforcement in England was fundamentally the same in 1500-1750 as it was in the Middle Ages. The answer likely lies somewhere in between, with both similarities and differences playing a role in shaping the evolution of the English legal system.

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