Crime and Punishment in England: 1000-1900 Overview

Tithings

Men responsible for the behaviour of each other.

Hue and Cry

Anyone witnessing a crime had to shout for help.

Oath of innocence

People swore their innocence to God and in front of the local community.

Trial by Ordeal

A trial by the church where the accused picks up a hot stone; the effect is seen as God's judgement.

Capital punishment

Punishment of death.

Corporal punishment

Punishment that harms or causes pain to the body.

Retribution

Designed to get revenge on the criminal or make the criminal pay for their crimes.

Deterrent

Designed to be so frightening or painful that it puts people off committing crime.

Crimes against the person (1000-1500)

Murder, Assault, Rape.

Crimes against property (1000-1500)

Theft, Arson.

Crimes against authority (1000-1500)

Treason, Heresy, Poaching.

Wergild (man price)

A fine; compensation for the loss of life meant to end family blood feuds.

Murdrum fine

Heavy fine for the community in which a murdered Norman was found.

Outlaw

Criminals who had avoided trial by running away; no protection from the law.

Forest Laws

Laws that prohibited peasants from grazing cattle on common land and taking animals from the King's forests.

Trial by Combat

Used by knights; fight to the death where the loser was guilty of the crime.

Stocks and Pillories

Pillory - arms and neck secured; Stocks - feet secured; painful and humiliating punishment.

New crimes in the later middle ages (1154-1500)

The Statute of Labourers 1348 and Heresy Laws 1382, 1401, 1414.

Pope's end of Trial by Ordeal

1215 - God was too important to be involved in people's day to day issues.

Benefit of the Clergy

Church courts rarely used the death penalty; system could be abused by learning Psalm 51 to gain access.

Sanctuary

The church could protect criminals if they agreed to leave the country within 40 days.

Richard I

Appointed knights to 'keep the king's peace' and (1194) Coroners.

Edward III

Introduced harsh deterrent of being hung drawn and quartered for high treason.

Justices of the Peace

Men appointed by the King to enforce the law in local areas.

Hung, drawn and quartered

Hanged until nearly dead, then disembowelled. Often have genitals cut off. Public. Harsh deterrent.

Henry VIII

1509 - 1547 Catholic.

Edward VI

1547-1553 Protestant.

Mary I

1553-1558 Catholic.

Elizabeth

1558 -1603 Protestant.

James I

1603-1625 Protestant.

Punishment for Heresy

Burning at the stake.

Heresy executions by Henry VIII

81

Heresy executions by Edward VI

2

Heresy executions by Mary I

283

Heresy executions by Elizabeth

5

Vagabondage

Being homeless.

Smuggling

Bringing goods into the country but avoiding import tax.

Witchcraft Act 1542

Witches now punishable by death.

Vagabond

Homeless person.

Vagrancy Act 1547

Harsh punishments (could be sold as a slave for 2 years) (withdrawn after 3 years).

Act for Relief of the Poor 1597

Harsh deterrents like branding continued.

Reasons for smuggling increase

17th Century government introduced import duties on goods like alcohol and tea.

Changes in treatment of vagrants

Vagrancy Act 1547 - very harsh, branded with V, made a slave. Relief of the Poor 1597 - deterrents like whipping and burning.

Enclosures

Large areas of land that the poor had previously used now enclosed by landowners.

Games Act 1671

Poaching rabbits, hares etc, fishing in rivers and streams - illegal.

Puritan moral laws

Led by Oliver Cromwell - Sunday = holy day could only go to Church, People should not drink and should control appetites, Christmas was a holy day and should be a quiet day reading the Bible.

Social crime

Technically illegal but not thought of as very serious. Everyone did it!

New methods of law enforcement 1500-1700

Town Constables, the Night Watch and thief takers.

Early Modern Punishments (1500-1700)

Fines, Pillory and Stocks, Corporal Punishment (whipping, maiming), Hanging, Burning at the stake, Transportation (started 1615 to America), Prison - but used as a holding area.

Bridewell (1556)

New build prison - House of Correction. Inmates did hard labour to think about crimes.

Growth of towns and crime

Crime like theft and fraud were more common as people didn't know each other.

The Bloody Code

A group of laws that gave the death penalty for minor crimes. E.g. poaching a rabbit.

50 capital crimes

The number of capital crimes in 1688.

222 capital crimes

The number of capital crimes in 1810.

Pious Perjury

Lying in court about the amount stolen to avoid the death penalty.

Pleading for the Belly

Claiming to be pregnant to avoid the death penalty.

Transportation

Punishment used from 1615 to 1868 as an alternative to the death penalty.

Chain gangs

Groups of convicts working together, often in harsh conditions, typically associated with transportation.

Deterrent

A measure intended to discourage criminal actions.

Rehabilitation

Help someone return to society after serving a sentence.

Gunpowder Plotters

Guy Fawkes, Thomas Percy, Robert Catesby and others who wanted to kill the King.

Public punishment

Punishment intended to deter others by being visible to the public.

The 'King's Book'

Encouraged anti-Catholic attitudes following the Gunpowder Plot.

Thanksgiving Act 1605

Celebrated the foiling of the Gunpowder Plot every year on 5th November.

Witchcraft Act 1542

Made witchcraft punishable by death.

Demonologie

A book written by James I encouraging the hunting of witches.

Matthew Hopkins

Self-proclaimed Witchfinder General responsible for the investigation of about 300 women.

Political upheaval

Disruption and fear caused by the English Civil War leading to increased witchcraft accusations.

Enlightenment ideas

Promoted rational explanations over magical ones, contributing to the decline of witchcraft accusations.

Witchcraft Act 1735

Legislation that punished witches with fines or prison instead of execution.

Smuggling

Bringing items like tobacco and spirits into the country illegally without paying tax.

High tariffs

High import taxes that contributed to the increase in smuggling.

Highway robbery

Attacking travelers on the highway and stealing from them.

Famous Highwayman

Examples include Dick Turpin, Jack Sheppard, and Black Harry.

1723 Black Act

Law to stop poaching that made it illegal to blacken your face in hunting areas.

Tolpuddle Martyrs

Agricultural laborers from Dorset who were transported to Australia for trying to form a union.

Transportation

Sending criminals (convicts) to firstly America and then Australia after the USA got its independence. Alternative to execution.

Why was Transportation used?

Deterrence - went for life - very rarely returned. Retribution - pay back society through hard labour. Rehabilitation? A bit - chance of a new life. Because the government needed people to establish the colonies.

Why did Transportation end 1868?

Unpopular in Australia among non convicts. In Britain not seen as a punishment. No need to force people to go to Australia as gold had been discovered.

Why did Public Executions end 1868?

On its way out from 1820s after the end of the Bloody Code (Peel). Increased crime on the day - pickpockets and drunks. Seen as a good day out.

Why were Prisons reformed in the 19th Century?

They were being more used as an alternative to execution and transportation. Individuals - Elizabeth Fry and John Howard raised awareness of how bad conditions were (men, women and children together etc) through campaigns. The government - Peel changed the law - Gaols Act 1823 - began inspections. And by 1850 the government in charge of all prisons.

Why in the period 1700-1900 did law enforcement need to change?

Growth in towns - eg London population of 5 million by 19th century. Parish Constables and Watchmen didn't work.

Who were the Bow Street Runners?

Set up by Henry Fielding. Investigated crime. Patrols prevented crime. Forerunner of the police but only in a small area of London.

Why was the creation of the Metropolitan Police Force (Met) in 1829 a turning point?

First professional police force set up by Peel. Organised in divisions. Well organised and trained. Every other reform is based on this model.

What key changes to policing happened after 1829?

1856 - Police Act - all parts of the country had to have the police. 1842 - CID - detectives to investigate crime.

What was Pentonville prison 1842?

New design - prison wings. Better condition - heating and running water. Thick walls prisoners couldn't communicate.

What was the separate system in Pentonville?

Prisoners prevented from communicating with each other. Wore masks when out of the cells. - Couldn't learn bad ways from other criminals. Hard labour - turning the crank. Treatment worse late 19th century 'Hard labour, hard fare, hard board'.