Exploring change and continuity - OCR BMedieval and early modern Britain, c.1250-c.1750 - reasons for change

Since c.1250, Britain has experienced significant changes in crime and punishment. Developments in the types of crime committed, in law enforcement, and in how crimes are punished have occurred. Common themes can be compared across time periods and reasons for change or continuity can be examined.

Part ofHistoryCrime and punishment, c.1250 to the present day

Medieval and early modern Britain, c.1250-c.1750 - reasons for change

The period between c.1250 and c.1750 saw changes in attitudes, fears and circumstances. This resulted in the emergence of new crimes and changes towards punishment. This case study summarises the main changes that took place in this period and examines the reasons for them.

Changes in crime

Vagrancy

  • The hit England in 1348-1350. Somewhere between 35 and 60 per cent of the population died. As a result of a shortage of labourers, passed a law in 1351 that imposed harsh penalties for people who remained idle and didn’t work.
  • The English population increased from around 2.4 million in 1500 to around 4.1 million by 1600. This led to a rise in food prices and a fall in wages.
  • This got even worse in years when there was bad weather and the harvest failed.
  • These circumstances meant that the number of also known as vagabonds, increased as many people left their villages to look for work. Sometimes they begged or stole.
  • The widespread use of the printing press in this period meant that crimes like vagrancy got more publicity. Pamphlets warned people about dangerous gangs of vagrants, blaming them for crime.
  • By the 1600s, many Puritans also believed that idleness - being lazy - was wrong and that people should work hard. This led them to be suspicious of people asking for help.
  • A law passed in 1572 said that all vagrants over the age of 14 should be whipped and burned through the ear.

Religious crime

  • Towards the end of the 14th century, the had started to challenge Roman Catholic teachings and had become a major crime - punishable by death.
  • The influence of Puritanism grew from the late 16th century onwards. Puritans were very concerned about people engaging in sinful behaviour. In particular, they wanted to protect the Sabbath (Sundays) for religious worship and to stamp down on what they saw as practices. Where Puritans were in control, they tried to create ‘godly’ communities by punishing things like swearing, drinking and having sex outside marriage.
  • In the 1640s and 1650s, Puritans were in charge of Parliament. They introduced a variety of laws to enforce a stricter Christian lifestyle. For example, sports and games were banned on Sundays and the number of alehouses was reduced.

Smuggling

Men in a dark cave with a small fire and smoke, receiving goods from a boat
Figure caption,
An engraving of a Victorian smuggler using a lantern to signal to his fellow smugglers

During the 17th century, governments increased the amount of tax, known as that people and businesses had to pay if they imported goods into the country.

  • This was to try to encourage people to buy from British producers by deliberately making it more costly to import from abroad.
  • Smuggling was the crime of bringing goods into the country secretly, thereby avoiding paying the import duty.
  • By the early 18th century, smuggling had become a big problem around the coastal areas of the country. In the 17th century it was mainly tobacco from Virginia, in America, that was smuggled.
  • After the 1720s, there was an increase in the smuggling of tea, brandy and silk after the government placed high duties on these goods.
  • Many people were involved, from ordinary labourers to tradesmen, farmers and richer people. It was a quick way to make a lot of money.

Highway robbery

  • Highway robbery, where robbers on horseback ambushed and attacked people travelling in along the roads, became more frequent in this period.
  • More roads had been built in the 17th and 18th centuries, meaning that travel by stagecoach was more common.
  • There were more wealthy people but few banks. Therefore, people tended to carry money and jewellery with them.

Question

Why did new crimes emerge between c.1250 and c.1750?

Changes in punishment

Bridewells

  • As a response to the growing concerns about vagrancy, Bridewell Palace in London was turned into a prison in 1556. It was used to house vagrants, who were forced to work or physically punished if they refused.
  • Other towns began to build these ‘houses of correction’ in the late 16th century too. They were usually referred to as Bridewells after the first one. Vagrants, unmarried mothers and runaway apprentices were sent to a Bridewell for hard work and sometimes physical punishment, like whipping.
  • In 1609, the Vagabond Act required to build Bridewells in every county.

The Bloody Code

  • The Bloody Code was the legal system from around 1688 onwards, when the number of offences that were punishable by death rose dramatically.
  • Crime was actually falling throughout the 17th century but people believed the opposite. The number of vagrants and the increase in the amount of highway robbery made people fearful.
  • It was mainly crimes against property - such as that were selected for harsher punishment. The Members of Parliament who passed the harsh laws were themselves landowners and merchants, and they believed their land and property were under threat.
  • There were various social and changes, such the growth of towns, increases in the population and increases in travel. These changes meant that it was becoming harder to find criminals and enforce the law. As had been the case since the medieval period, the accepted wisdom was that the best way to prevent further crime was to make punishment harsher.

Question

Why did punishments change between c.1500 and c.1750?