c1500-c1700: Early Modern England

• Between c1500-c1700 there were huge social and religious changes in England. This led to changes in the nature of crimes against the person, property and authority, classified crimes in medieval times also continued into this period.
• Changes in Society:

  • Towns and cities grew because of an increase in population and decline of feudalism. Which led to higher employment, people moved to urban areas in search of work.
  • This led to the increase of crimes against the person, the number of street criminals and petty thieves grew.
• Changes in Society:

  • The end of feudalism and new farming methods led to enclosure of land (fencing it off for the exclusive use of the landowner).
  • This led to increase of crimes against property (e.g. poaching).
• Changes in Society:

  • Changes in peoples religious beliefs and the religion of the monarch.
  • This led to an increase in crimes against authority, more people committed heresy and high treason.
• Heresy is the crime of having religious beliefs that were different to the official religion of the country.
• Early modern England was ruled by the Tudors then the Stuarts. This led to religious change which caused may rebellions/plots against the monarch, both causing an increase in crimes against authority - heresy and treason. Important members of the clergy played a role in charging people with heresy and judging guilty or innocent.
• Heresy became a crime in 1382 and it was usually punished by being burned to death at the stake.
• Feudalism was a system where people fought/worked for people of a higher rank in return for land and protection.
• Huge changes in society did not only change existing crimes but they also led to other activities being redefined as crimes.
• A Vagabond/Vagrant is an unemployed homeless person.
• There was a large increase in the number of vagrants in the late 15th-16th centuries. This was due to the increase of population, falling wages, rising food prices and no system to help the poor (especially after the closure of monasteries in 1536).
• Vagrants in Early Modern England:

  • Vagrants resorted to thieving, begging and charity to survive, which was heavily resented by settled population.
• Vagrants in Early Modern England:

  • They were viewed as lazy and responsible for their own actions.
• Vagrants in Early Modern England:

  • They were hated and feared by settled population.
• Some places, such as York, issued badges to the sick or injured, who were thought to deserve help (the 'deserving poor'). This separated the from those they considered lazy, called vagabonds and 'sturdy beggars'.
• Vagabonds and Beggars Act (1494):

  • Vagabonds were put in stocks for 3 nights/days, then they were later returned to where they came from.
• Vagrancy Act (1547):

  • Able bodied without work for 3 days were branded with a 'V' and sold as slaves for 2 years (repealed as it was impossible to enforce).
• Act for the Relief of the Poor (1597):

  • Vagrants were split into 2 categories, the 'deserving' and 'undeserving' poor.
• Poor Laws (1601):

  • The 'deserving poor' were given poor relief by the local parish, the 'undeserving poor' could be branded, whipped or sent to a correction house.
• Changes in law enforcement happened due to the increasing populations of towns. Traditional methods became less effective and a more organised system was introduced, where town authorities and local communities both played a part. The role of the Church in the Justice system decreased.
• As in Medieval times, in Early Modern England:

  • People were expected to raise and join the hue and cry to catch criminals.
  • There was no national police force and the methods/effectiveness of preventing crime and catching criminals varied across the country.
• Even though some factors of law enforcement in the Early Modern period was the same as Medieval times, there was still changes to the role of town constables and watchmen to try to deal with increased urban crime.
• Watchmen in Early Modern England:

  • All male householders were expected to volunteer, the role was unpaid.
  • They patrolled the streets between 10PM and dawn.
  • They carried a lamp, and a bell to alert people.
  • They were overseen by town constables.
• Town Constables in Early Modern England:

  • They were respected members of the community and were employed by town authorities.
  • They arrested suspects and took them to the Justice of Peace, they also helped with town administration.
  • In charge of Watchmen in their area.
• Capital and corporal methods continued to be the most common forms of punishment in this period. More capital offences were introduced as well as a new form of punishment, transportation.
• Continuity in aims/ types of punishment:

  • Fines continued to be used to punish minor crimes.
  • Pillory, Stocks, Flogging and Maiming were forms of corporal punishment continued to be used for crimes like begging, drunkenness and vagrancy.
  • Capital punishments like hanging was still commonly used for crimes like theft, murder, poaching, witchcraft and smuggling. Nobles were beheaded instead of hanged.
  • Burning was only used as a punishment for heresy.
  • Retribution and deterrence were still the main purpose of punishments at this time.
• The number of crimes punishable by death increased in the 17th century and by 1688 there were 50 capital offences ranging from minor to serious crimes. The period from 1688-1825 became known as 'The Bloody Code' due to the increase of capital offences. This punishment was used as a deterrent from committing crimes.
• The Bloody Code later failed as many juries refused to find a person guilty if a death penalty would follow. Fewer people were hanged in the 18th century under 'The Bloody Code' than in previous code. Robert Peel reduced the number of crimes punishable by capital punishment by over 100 offences in 1823.
• For keeping 'The Bloody Code':

  • People believed in harsh punishments
  • Prevented crime
  • Life was cheap (people didn't care if you died)
  • Lack of alternatives (e.g. no prisons)
  • Lack of concern
  • Entertained the community
  • Showed the power the government had
• Against keeping 'The Bloody Code':

  • Seen as unfair as it was too harsh
  • Innocent people were being killed
  • People stopped reporting crime/criminals
  • Legal system doesn't work
  • People got bored, effectiveness wore off
  • Showed the weakness of the government
• James I (1603-25) began transporting criminals to colonies in North America, where they would do manual work. Criminals were sentenced for 7-14 years then released, however many couldn't return to England as they couldn't afford it. During this time, between 50000-80000 men, women and children were being transported to North America.
• Reasons why Transportation became a punishment:

  • An alternative to execution for petty crimes
  • It reflected new ideas on the aims of punishment - acted as a deterrent and also rehabilitated criminals
  • Provided inhabitants and workers to establish the American colonies while also removing criminals from England
• The Gunpowder Plotters (1605) received the harshest punishment for committing treason. The plotters were tried and found guilty of treason in January 1606. They were publicly hanged, drawn and quartered on the 30th and 31st of January 1606.
• There was a huge increase of executions for witchcraft in England. This was because of Matthew Hopkins who called himself the 'Witchfinder General'.
• Witch-hunts were when people actively tried to discover witches. Hunts during 1645-47 took place during the English Civil War (1642-51). Many women and a few men (clergymen) were investigated and hung if found guilty.
• Reasons for Intensity of Witch-hunts (1645-47): Religious Change

  • The Civil War increased religious differences
  • Puritans who were on the side of parliament believed that witchcraft was being used by the Royalists (mostly Catholic)
• Reasons for Intensity of Witch-hunts (1645-47): Social Change

  • The war left many women widowed and alone
  • There were many 'strangers' around as people travelled with armies or in search for work
• Reasons for Intensity of Witch-hunts (1645-47): Lack of Authority

  • The Civil War weakened the control of local authorities
  • Law and Order completely collapsed in some areas
• Reasons for Intensity of Witch-hunts (1645-47): Influence of Individuals

  • Since 1603, James I promoted witch-hunting
  • Matthew Hopkins influenced fear of witches through writing and taking part in witch-hunts
• Reasons for Intensity of Witch-hunts (1645-47): Economic Problems

  • The Civil War and poor harvests caused huge economic problems
  • People looked for scapegoats (someone to blame)