C.1500-C.1700 early Modern England

• Treason and hersery were still punishable by death
• In 1534 Henry V111 defied the Pope and passed the act of supremacy making himself head of the English church so monarch had overall religious authority instead of the pope
• Some catholics stayed loyal to the pope so henry punished them for treason and protestants who wanted a more protestant england were punished for hersery
• Book of common prayer was introduced in 1549. This was a book of protestant church services written in english
• Act of Uniformity was passed in 1549 which made it compulsory for people to use book of common prayer for worship those who didnt were fined or imprisioned
• New hersery laws repealed and 2 people only were executed for hersery under Edward reign.
• Edwards sister Mary 1 who was a catholic wanted to return to England to catholicism so she overturned henrys act of supremacy and created more hersery laws and banned edwards parayer book
• Mary 1 executed hundreds of Protestants for hersey and ordinary people as well as protestant clergymen were burned at the stake for continuing Protestantism
• When Elizabeth 1 became queen in 1558 she:

  • 1558 created a protestant church to satisfy people on both sides of the divide
  • 1559 passed a new Act of Supremacy making her supreme governor of church of england
  • 1559 passes a new Act of Uniformity making protestanism official faith of england
  • Intoduced fines for not attending protestant church services
  • 250 catholics were snetenced to death for treason
• In 1570 Elizabeths approach changed in 1570 as she was excommunicated by pope which encouraged catholics to remover her from the throne with Mary Queen of Scots her catholic cousin lading to a Treason act in 1571 which made it treaosn to say elizabeth was not the rightful queen
• Social and economic changes during 16th century:

  • 1485 2 million people lived in england 1602 population doubled to 4 million
  • rising population and poor harvests led to food shortages
  • farmers switched from growing crops to growing sheep which was more profitable
  • 1536 Dissolution of Monastries began so henry closed ones aroung england taking their land and money removing support for the poor
• Vagabonds were people with steady employment who moved around looking for work or begging leading to the crime of vagabonde which became a problem in 1500 when levels of poverty and unemployment rose
• In 16th century laws were intoduced to help those who were unable to support themsleves. These were:

  • 1531 beggars without a liscence were punished by whipping and stocks
  • 1547 Vagrancy act punished vagabond by forcing them to work as slaves for 2 years but this was repealed in 1549
  • 1572 Vagabonds act stated that vagabonds should have a hole burnt through their ear and repeat offenders were executed until 1593
  • 1597 Act for Relief of the poor meant that oversees of the poor would organised relief for those in need
• Smuggling in England:


  - 13th century wool exports taxed or banned but People evaded this by smuggling wool out of the country

  - Taxes placed on imported goods Encouraged smuggling

  -Late 17th century smuggling hard to police so Boat patrols and riding officers set up to monitor coastline but wanst effective as their wasnt enough officers
• Law and order similarities:

  • Justice of peace gained more responsibility in 16th century and continued imprisoning criminals and judge cases of petty crime
  • by end of 16th century capital cases were tried by travelling royal judges
  • sherrifs lost some power but still played a role in policing local communities and organising local trials and holding criminals in prision until their trial
  • constables still arrested criminals and bring them to court
  • hue and cry and posse comitatus was still used
• • Town constables still maintained peace and arrested criminals but it was harder as the population grew
  • Nightwatchmen still patrolled streets at night but every male householder had to become one and 1663 a small salary was intoduced to them
  • thieftakers also helped and were paid by victims or government officilas to find and capture criminals
  • 1690 government offered fixed rewards for capturing criminals making more people turn to thief takers
• Further restrictions placed on benefit of Clery in 16th century:

  • 1512 layman(non clergy men) who commited certain crimes eg murder could no longer claim benefit of clergy
  • 1536 clergymen were no longer protected if they commited 'unclergyable' offences
  • right to seek sanctuary was removed in 1540 for serious crimes eg arson
  • 1623 James passed a law which officially abolished sanctuary
• Punishments that still were used:

  • Flogging, stocks or fines for minor crimes
  • Execution for serious crimes
  • Hanged, drawn and quatered for high treason
• Changes In medieval period punishments:

  • prisions weren't used to punish criminals it was only used for debtors who were people that were unable to pay loan back so could be held in prision until debt was payed
  • 1550 vagabonds were sent to houses of correction where they were made to do work
• Transportation in 17th century:

  • 1607 English sttlers established colonies in north america where criminals could be transported to as punishment
  • transportation was a way to commute a harsh sentence like execution by being put to work for life or certain period of time instead
  • 18th century it became more commonly used
• After failure of Gunpowder plot:

  • catholics were banned from serving as army officers, voting or practicing as lawyers
  • fines for recusancy increased
  • catholics had to swaer a new oath of loyalty to monarch
• Matthew Hopkins witchfinder:

  • 1645-1647 he was involved in trials of 250 accused witches
  • capitalised growing witch craze by charging towns or villages for his witch finding services
  • 1645 accused 36 women of witchcraft
  • 19 hanged
  • 100 executed as witches
  • demonlogy book influenced him
• Bloody code:

  • began because of the increase in crimes
  • it was the harsh legal system in england that existed from late 17th century until early 19th century
  • under bloody code hundreds of minor offences against property were made into capital crimes
  • 1688 fifty offences were capital crimes
• Bloody code:

  • reflected growing power of englands parliament
  • english bill of rights was passed to limit royal power giving parliament more freedom to pass laws eg punished crimes against property