Local government in Tudor England

General

• For the purposes of this paper, the focus of local government in Tudor England can be said to be the Justice of the Peace [JP].
• JP role had existed since C14th, but Tudors completely transformed it by adding powers and responsibilities
  • Tudors more than doubled number of their responsibilities between 1500 and 1600 by passing new laws
  • By 1600 expected to enforce 300 statutes, including …
    • Assessing collection of subsidies
    • Fixing the price of grain in time of famine
    • Collecting fines from Catholics
  • Heard all but the most serious civil and criminal cases – those were tried by “circuit” (travelling) judges sent from London
  • Effectively replace the sheriff – a role filled by a noble that had become ceremonial by the end of the century
  • They had no direct coercive power – ie no police force – so they rapidly become ineffective in time of rebellion
  • They were unpaid throughout, apart from a small amount of expenses
  • Although appointed centrally, about 50% passed the job of JP on to their sons

Under Henry VII

• Mostly appointed from gentry class
  • However most senior in each county is usually a bishop
  • Required to have annual incomes of at least £20
• Fivefold increase in numbers.
  • Fewer than 10 per county on average in 1485
  • More than 50 per county on average in 1509
• Appointments lasted only for one year, so it was easy for the crown to replace poor or recalcitrant ones
• From 1495, JPs were given more power to help them control local areas –could hear any case, except ones involving the death penalty, without a jury

Under Henry VIII

• There were now 2,200 in England of which almost 90% were gentry – it was a source of social standing for them.
• Became increasingly responsible for policing behaviour and morals
  • From loyalty to crown to homosexuality
• Lord Lieutenants created in wake of 1549 rebellion to become supervisors of JPs, giving government better control of them
• Wolsey uses JPs to gain better control of the north. He deliberately appoints non locals to northern posts from 1513
• JPs fail to deal with disorder in relation to Amicable Grant – Dukes of Norfolk and Suffolk have to deal with the rebellion
• About 1/3 of JPs in the areas affected by Pilgrimage of Grace were replaced

Under Edward VI

• JPs in Devon and Cornwall do provide early warning of trouble
  • Heard reports of discontent about sheep poll tax, rumours that pigs and geese would also be taxed, and wrote requesting postponement of poll tax on sheep
• However they do not have enough backing from central government – hence fail to carry out orders to deal with Western Rebellion; they were unable to prevent rebels from assembling or arming themselves

Under Mary

• A number of Protestant JPs were replaced by Catholics
• The county militia is reformed. Theoretically every man aged 16-60 capable of bearing arms is required to report in time of crisis, but this had never worked well
  • Mary requires more regular drills
  • Larger contributions from wealthier citizens
  • However, all men still provide their own weapons – most common is the billhook (agricultural hedging tool – below)
    

    A billhook yesterday

Under Elizabeth

• 1559 Act of Uniformity imposes annual 1 shilling fine on Catholics, to be collected by JPs
  • Permission for Catholics to travel more than 5 miles from home also has to be sought from JPs
• Elizabeth reverses Mary’s policy and removes Catholic JPs
  • Eg 7 replaced in Hampshire after investigation by local bishop
  • Statute of 1563 requires all JPs to confirm they accepted the liturgy of the Church of England
• Militia reforms discovered to be ineffective – they are not useful in Northern Rebellion of 1569
  • 1572 Militia Act – 10% of eligible men now made to train 10 days a year, and paid 8 pence a day for attendance – more would be too expensive
  • Equipment to be supplied by the county
  • Cost – £40 per year per county
  • Force of 26,000 is thus available by time of Armada and these could also be used to suppress riots and rebellion
• There are now 1,500 JPs; they remain sufficiently independent to face down royalty
  • Elizabeth demanded funding for 10 ships from London in 1596 – she backed down after furious protests from JPs
• JPs more influential in this reign – Elizabeth thinks lord lieutenants are unnecessary and expensive, so they are only appointed temporarily in times of crisis
  • Eg 1569 during Northern Rebellion