Crime and punishment in 18th- and 19th-century Britain - EdexcelCrimes against the person and property, c.1700-c.1900

During the years c.1700 to c.1900, the authorities in Britain became worried about the crimes of poaching,smuggling and highway robbery. These crimes particularly disrupted trade and threatened the power of landowners.

Continuity

Crimes against the person and property continued into and throughout the period c.1700 to c.1900. These included common crimes such as murder, petty theft, poaching and smuggling.

Poaching

The 1723 Black Act was passed after groups of poachers took part in a series of poaching raids. The act made hunting deer, rabbits or hare a crime that was punishable by death. The act also made it illegal to ‘blacken the face’ in an area of hunting (for camouflage), carry snares (traps), or keep dogs suitable for hunting and poaching.

A group of poachers from the surrounding areas of Hampshire, known as the Waltham Blacks, took part in a poaching raid, where they took the Bishop’s deer and stole a shipment of the King’s wine. The group was arrested and hanged.

Poaching had always been considered a social crime and the laws around poaching continued to be unpopular between c.1700 and c.1900. These laws were unpopular because it was felt that:

• poachers were just poor people who needed food
• the law existed to protect the wealth of landowners
• the death penalty was too harsh a punishment

Anyone who owned land worth £100 or more could hunt without restriction.

In 1823 the Black Act was repealed. Poaching remained a crime, but it was no longer punishable by death.

Smuggling

People continued to smuggle tea, cloth, wine and alcohol into Britain without paying any customs duty. This was especially common and popular in coastal areas.

The government needed the import duties and saw smuggling as a serious crime. The punishment for smuggling was the death penalty.

By the mid-1700s it was believed there were 20,000 active smugglers in Britain. Smuggling proved hard to stop because:

• Ordinary people would ignore smuggling because they benefitted and were happy to pay lower prices for goods.
• Smugglers were regarded as heroes.
• Many locals in coastal areas collaborated with smuggler gangs, maintaining boats and hiding cargo until it was sold on.
• Smugglers worked at night and there were miles of unpoliced coastline where smugglers could easily store their cargo in secret.
• The smuggling gangs used violence and were feared.
• There were not enough customs officers to enforce the law.

Change

Crimes against the person and property saw change in the period c.1700 to c.1900. Developments in roads and vehicles, such as coaches, led to highway robbery.

Highway robbery

Highway robbery was not a new crime. However, it had become more of a concern by 1700 because it was happening more regularly. Highway robbers would attack stagecoaches while they were travelling to and from towns and cities. They would wait for travellers to slow down or stop at staging posts for a rest and then advance on horseback.

Highway robbery happened frequently on the roads around London, and those involved were ruthless and violent. Patrols were set up around London and rewards were offered for information about those involved in highway robbery.

• Highway robbery increased as handguns became easier to obtain and horses became cheaper to buy.
• Some soldiers struggled to find work after they returned from war and fell into crime.
• There was no police force in the 18th century, which meant that criminals could not be easily tracked across Britain.

• Highway robbery began to decline once the road surfaces improved and stagecoaches could travel more quickly, allowing victims to escape more easily.
• Travellers were also helped by the introduction of mounted patrols along major roads.
• Developments in the banking system meant that travellers no longer had to carry large sums of money, which made them less of a target.
• The last reported case of highway robbery was in 1831.

Notable Highwaymen

• In 1724, thousands of people lined the road to the Tyburn Tree, a hanging station in London. They were there to see Jack Shepherd, who was a well-known highwayman and had escaped prison four times.
• Dick Turpin was also a well-known highwayman. In 1739 he was executed after being found guilty of horse theft.