c1500-c1700 Early modern england Flashcards
Increase in population and decrease in feudalism
led to higher unemployment and more people in towns. Led to crimes against the person with increase of petty criminals.
End of feudalism
Enclosures of land, caused crimes against property such as poaching as more land became privately owned.
Religious changes/turmoil
More crimes against authority since more people committed treason and heresy.
Vagabond
unemployed homeless person, increase in number due to increasing population, falling wages, rising food prices, and no system to aid them.
Vagabondage/vagrancy
Hated in communities since resorted to thievery and/or begging therefore became a crime in 1494 and put in stocks for 3 days and nights then sent back. 1547 briefly saw vagabonds branded and enslaved but repealed. 1597 split vagrants into deserving and undeserving. 1601 deserving poor given aid, undeserving branded, whipped or sent to house of correction.
Smuggling
import tax introduced 17th century making smuggling profitable. Social crime.
Witchcraft
minor crime previously, became a capital offence in 1542, 1563 could be tried in a common court, 1604 anyone ‘summoning spirits’ to be executed.
Continuity in catching criminals and preventing crime.
People expected to raise and join hue and cry, no national police force with methods for catching criminals different in each area.
Changes: Watchmen
carried lamp, rang a bell, male householders expected to volunteer (unpaid), patrolled between 10pm and dawn, overseen by town constable.
Changes: Town constables
Employed by town authorities, Respected members of community, power to arrest suspects and take to justices of the peace, in charge of watchmen, helped with town administration.
Changes: Benefit of clergy
Henry VII allowed non-clergy benefit of clergy only once and branded to show this. Edward VI made serious crimes such as murder exempt from benefit of clergy. 1576 church courts couldn’t try criminal acts, people could still claim benefit of clergy for a more lenient sentence in secular courts.
Changes: Sanctuary
Henry VIII stopped exile abroad instead they had to keep to designated sanctuaries in England. 1623 James I abolished sanctuary alltogether.
continuity in punishment
- Fines-used for minor crimes
- Pillory/stocks, flogging, or maiming- Corporal punishment for crimes such as begging, drunkenness, and vagrancy
- Hanging-Capital punishment for theft, murder, poaching, witchcraft and smuggling.
- Beheading-same as hanging but for nobles
- Burning-Used for Heresy
Change: Bloody code
17th century number of capital offences increases. 1688 50 capital offences ranging from stealing a loaf of bread to murder. period 1688-1825 became known as the ‘bloody code’. Deterrent.
Change: Transportation
James I began transporting criminals to north america. Criminals sentenced for 7-14 years then could return if can afford (most can’t). 50,000-80,000 men, women and children transported. Rehabilitation +Deterrent. alternative to bloody code. provided workers.
Change: catholics
1570 pope called catholics to depose Elizabeth I, more laws imposed preventing catholics from practising. When crown moved to James I hope for more freedom. However James I continued Anti-catholic laws.
The Gunpowder Plot
- Robert Catesby and others plotted to kill king and other protestants at opening of parliament on 5 November 1605
- wanted to make James’ daughter Elizabeth queen. Rented house with cellar underneath parliament filled with gunpowder.
- Lord Monteagle gave letter he received on 30 October 1605 warning not to attend parliament, gave to Robert Cecil spymaster.
- Cecil orders search of parliament
- gunpowder and Guy Fawkes discovered 5 November
- Fawkes arrested and tortured to reveal other plotters.
- Other plotters tried and found guilty 1606
- publicly hanged, drawn and quartered 30-31 January 1606
Treason as deterrent
Most serious crime therefore most serious punishment, harsh punishment only way to deter criminals, period of political instability requiring harshness, thought necessary to deter catholics from rising up against Protestant monarchy.
Witch hunts
People actively tried to discover witches. Hunts of 1645-47 occurred during english civil war (1642-51).Concentrated in eastern England. Hundreds of women and a few men investigated. convicted executed by hanging.
Reasons for increased witch hunts (1645-47)
- Economic problems- Civil war and poor harvests
- Social changes- More widows and ‘strangers’ because of war
- Lack of authority- civil war weakened authorities
- Religious change- Protestant parliament accused catholic royalists of witchcraft
- Individuals- 1603 James I promoted witch hunting, Mathew Hopkins stirred fear in writings.
Mathew Hopkins
Employed by Justice of peace to find witches in East Anglia and Essex, money for each prosecution, 300 people accused and 112 hanged, used torture for confessions, stirred up mass panic of witches 1645-47
Evidence of witchcraft
Used as evidence:
Unusual marks, witness accounts, when pricked wouldn’t bleed, floats in water, confessions, 2 proven witches swearing accused is a witch, ‘possessed’ children acting as accusers.
