Crime and Punishment - Early Modern, c.1500-1700

Question 1

What were the three main crimes that came about in the Early Modern period?

Answer 1

Vagrancy

Smuggling

Witchcraft

Question 2

Which punishments were used during this period?

Answer 2

Continuity:
Pillory, the Stocks, ducking stools, flogging

Change:
Bridewell (a house of correction where people were whipped and sent to work), the Bloody Code

Question 3

What were the four positions of law enforcement during this period?

Answer 3

Night Watchmen

Town Constable

Thief takers

Justices of the Peace

Question 4

Facts about night watchmen?

Answer 4

1. Patrol between 10pm - dawn
2. Unpaid - volunteers who had to earn a living during the day
3. All male householders expected to serve as night watchmen (part of local duty)

Question 5

Facts about town constables?

Answer 5

Has some power to arrest suspects

Expected to turn in serious criminals to the courts

Expected to stop suspected criminals, break up fights and round up beggars

Question 6

Facts about thief takers?

Answer 6

Paid a reward for catching a criminal

Also paid to deliver criminals to the law

Open to corruption - criminal gangs could act as thief takers to report on enemy gangs

Question 7

Why was the role of ‘thief taker’ created?

Answer 7

This role was created, as the constable and watchmen weren’t particularly effective at hunting down criminals. As a result, victims of crime turned to thief takers.

Question 8

What was the Bloody Code?

Answer 8

A nickname given to the period where hundreds of crimes became capital offences - even petty ones.

Question 9

Roughly when was the Bloody Code in effect?

Answer 9

1688 to early-mid 1800s

Question 10

Key dates for the Bloody Code?

Answer 10

1688 - 50 capital crimes

1765 - 160 capital crimes

1815 - 225 capital crimes

Question 11

Why was the Bloody Code introduced?

Answer 11

ATTITUDES OF THE LAW MAKERS: The MPs making these laws were wealthy landowners who, whilst still wanted to do the best for the people, were looking to protect their property

POOR POLICING: The existing policing systems weren’t particularly effective; hence, people were hoping that harsh punishment would act as a good deterrent

BELIEF THAT CRIME WAS INCREASING

DEVELOPMENTS IN CRIME: partly because of the harsher punishments, criminals became more organised and violent (since they’d be executed no matter what)

Question 12

Why was there an increase in fear of crime / perception that crime was on the rise?

Answer 12

1. POPULATION INCREASE. This, naturally, led to more crime being committed. However, the actual crime rate per person was actually falling; people only observed the increase in crime overall
2. INTRODUCTION OF THE PRINTING PRESS. Spreading news of crime was now much easier, leading people to infer that crime was on the rise

Question 13

During which years was witchcraft a crime?

Answer 13

c. 1542 - 1736

Question 14

When were vagrancy laws introduced?

Answer 14

c. 1485

c. 1547

Question 15

When were the Poor Laws introduced? What did they do?

Answer 15

c. 1597 and c. 1601

These laws brought about relief for the “deserving poor”

Question 16

When was Cromwell’s rule? What changes were brought about and why?

Answer 16

During the 1650s.

Many ordinary activities were now defined as crimes, like partying instead of praying on Christmas Day. Cromwell had a very strict outlook on life, due to his Puritan faith. Once he died, these activities were decriminalised.

Question 17

When was the Habeas Corpus Act passed? What did it mean?

Answer 17

1679.

It prevented the authorities from locking someone up indefinitely without charging them for a crime. They had to appear in court after a certain time or be released.

Question 18

What was transportation? Which regions were used?

Answer 18

Being sent to a British colony in order to do hard labour for a lord.

America was the main location used at the beginning, but Australia was used later on

Question 19

Dates of transportation?

Answer 19

Early 1600s-1776 (North America

1787-1868 (Australia)

Question 20

Why was transportation used?

Answer 20

DETERRENT - the journey was perilous, and Australia was a harsh, unknown landscape

RIDDING BRITAIN OF ITS CRIMINALS

CLAIMING AN EMPIRE - by sending people there, it strengthened British claims that Australia was a part of its empire, preventing rivals such as France trying to gain resources from there

ORGANISED CRIMINALS INTO WORKERS

DECENT ALTERNATIVE TO HANGING - juries would be unwilling to sentence people to death (because of their conscience), and so would often let people go