J411/14 Crime And Punishment, C.1250 To Present With The Norman .

The right of sanctuary could be claimed by going to a church where you could not be arrested. If you confessed your crimes you were allowed to go into exile abroad. OVERALL: government influence usually made it harsher; church influence more lenient. CHECK YOUR REVISION NORMAN PERIOD (EARLY MEDIEAVAL) 1. Give an example of a crime that shows the increased power of the king. . 2. State TWO crimes that were classed as moral crimes. 3. What sort of crimes were dealt with by each of the following courts: a) b) c) d) Court of the King’s Bench Church courts County Courts Manor courts 4. a) b) c) What job was carried out by the following law enforcement officials? Coroner Sheriff J.P.s 5. Give TWO ways in which the local community were expected to help law enforcement: Method 1: . Method 2: . 6. How did Trial by Ordeal change? . 7. Write a paragraph to explain whether or not you agree that punishment was harsh in the Mediaeval Period. . . . Challenge questions: 8. Write a summary that analyses the ways in which law enforcement was organised in the Mediaeval Period (9) 8

CORE 2: EARLY MODERN BRITAIN c1500-1750 TYPES OF CRIME IN THE LATE MIDDLE AGES: Most were minor eg. letting animals stray of other people’s land or theft. Violent crime was small (less than 20% of all serious crime). There was, however, a lot of unrecorded crime. Because there was little movement of people from their own village, it was difficult to go unnoticed when committing crime. Causes: poverty esp. during bad harvests, alcohol, greed, it was thought you could get away with crime. Punishment: local communities were expected to deal with their own policing through: the use of local constables (part-time unpaid), watchmen (who looked out for crime) and hue and cry (if you saw a crime you shouted and everyone in the village had a duty to come to your aid). Those that did not come to your aid were fined. The hue and cry method did not work if the criminal could run fast! There was a system of Royal courts (for serious crimes), manor courts (where the landowner acted as Justices of the Peace -JPa judge over crimes in his village) and church courts (for churchmen and priests). Sheriffs were used to investigate crimes. If you could read a verse from the Bible you could choose to be tried by a church court (often treated less harshly). Because the king could not afford to set up a police force or prisons, punishments were harsh to frighten others from committing crime. Punishments included: execution or mutilation humiliation eg. stocks, pillory, whipping in public. fines DEALING WITH TREASON Treason attempting to overthrow the monarch/government. Why did people rebel against the monarch (King/Queen) in this period? They felt the monarch had usurped power (gained power illegally). This led to rebellions against Henry VII who had seized power after killing Richard III. The monarch represented a false religion which went against God’s will eg Guy Fawkes Plot against James I. The king or queen was not addressing the needs of their subjects esp. the poor. Kett’s Rebellion against Edward VI was an example of this. The monarch had become a tyrant ruling through fear and unwilling to share power eg Charles I who was overthrown by Oliver Cromwell. What arguments were used against rebellion? It went against God’s will because of the belief in Divine Right (rulers were chosen by God). Society was based on hierarchy were everyone had their place. This was seen as natural and the basis of stability. It prevented civil war and destruction. Overall, treason was considered to be the most serious crime because it threatened the whole kingdom. Punishment for treason Those involved would be interrogated and probably tortured. They would be tried in a special court of the Star Chamber where there was no jury. The punishment was always execution. There were two types. Aristocrats were usually beheaded by axe Other people were executed by hanging, drawing and quartering. This was a mediaeval punishment brought back by the Tudors. The victim was first drawn through the streets in a cart for public humiliation. 9

Then they would be hanged until almost dead. Then their innards were withdrawn from their stomach whilst alive. The body would then be quartered with an axe. The head and parts of the body then displayed in cages. The property of the victims was given to the King. Why was such a harsh punishment used? It was a deterrent to others, which is why the punishment took place in public. What was heresy? This was the belief in a “contrary religion” i.e. not the one of the monarch. This was a big issue in the Tudor period because of the conflict between Catholics and Protestants that resulted from the Reformation. Mary I was a Catholic and convicted many Protestants of heresy. Elizabeth I was a Protestant who convicted many Catholics of heresy. Why might it be considered to be treason? Heresy involved going against the religion of your king/queen that therefore was a threat to their divine right to rule. How was this punished? They were offered a pardon if they recanted their faith (give up their religion). If they refused, they were burnt at the stake. Mary I (Bloody Mary) burned over 300 Protestants. Elizabeth I sent 250 Catholics to be hung, drawn and quartered. THE GUY FAWKES PLOT This plot was an attempt to get rid of James I in 1605 by blowing up Parliament with gunpowder. It was therefore a case of treason. Reasons: Religious differences still strong due to the Reformation (Protestant versus Catholic). James I had become King in 1603 and this was seen as a chance by Catholics to return to the Catholic religion after the Protestant Elizabeth. BUT James I disappointed the Catholics and their rights remained restricted (fines for not attending Church of England services/ arrest for holding Catholic services). Fear of Catholics remained strong for political reasons (fear of helping Spain, a Catholic country invade England). James I made clear his hatred of Catholic “superstitious religion”. Catholics made up 5% of the population. Instead of a mass uprising Catholic nobles decided to organise a plot against the King. The plotters therefore wanted to put a Catholic on the throne because James I was a Protestant King. The plotters: A dozen aristocrats from leading Catholic families. Guy Fawkes was the explosives expert, responsible for igniting the gunpowder in the cellars of Parliament. The Plot was betrayed. Punishment: Leaders were tortured then hung, drawn and quartered. Their remains were sent to cities throughout England to be hung on spikes as a warning to others. James I saw the plot as treason, the penalty had to be death. The punishment was to act as a deterrent to others. The plot shows the importance of religious conflict and the threat it could pose to a monarch. 10

VAGABONDS Vagabonds were beggars, tramps and vagrants who wandered the country without a settled job. Some were demobbed soldiers/ criminals/ unemployed. Numbers increased according to the level of poverty: eg. London had 69 in 1500, 555 in 1600 (a bad year). In Oxford the number rose from 12 to 67. In the Middle Ages people were not free to move from village to village but by 1500 these restrictions had gone. Those that were aged and sick were given licences to beg. Those who were able to work (Sturdy beggars) were treated harshly. Why were people so hostile to vagabonds? They were seen as lazy. It was their own fault they were poor. The growth of Protestant religion, with its belief that you had a duty to God to work hard, made attitudes more hostile. Vagabonds were blamed for crime. Vagabonds had to be paid for by a local poor rate (a tax to provide help for vagabonds). The poor were seen as they responsibility of the village they were from. Vagabonds should go back to their own village! During bad harvests the cost of supporting lots of vagabonds was a worry. This hostility led to harsh punishments: burning of the ear, whipping in public for first offence (This was to humiliate vagabonds and provide a warning to others.) Execution was used for repeat offenders. JPs could send vagabonds home or send them to a House of Correction (known as Bridewells). The harshness of these punishments tells us that many feared the vagabond and they were a useful scapegoat in times of poverty. But they were small in number and never a threat to law and order. WITCHCRAFT IN THE C16/17th Middle Ages: witches were often seen as eccentric old women who knew about herbal medicine. C16th: CHANGE: Witches were dealt with harshly. WHY? Period of religious change (Protestant v. Catholic) Anyone who went against the official religion was seen as rebelling against the monarch (treason). Witchcraft made a crime punishable by death. Influence of superstition, bad harvests or bad luck blamed on witches (scapegoats). Witchfinders eg. Mathew Hopkins (travelled in East Anglia, said he could root out witches, looked for “Devil’s marks” scars, boils or spots, “familiars ie. the Devil in animal form, usually a cat. Some were tortured until confessed, swimming test - if you could swim you were guilty-), witchfinders were paid for every witch they found! Most people were accused of witchcraft by local people who thought they were bringing bad luck on the village. Role of government: a) Henry VIII made witchcraft a serious crime b) Elizabeth I passed a law that made “major witchcraft” punishable by death. “Minor witchcraft” punished by the stocks c) James I wrote a book, Demonologie: this had a big impact. James was paranoid about witches, he acted as judge on cases in Scotland, thought he was in personal danger of witches, passed strict laws against them. He told people to be on the lookout for evidence of witches. Over 1,000 witches, mainly women, were executed. Why women accused of witchcraft? Less than 10% of those accused of witchcraft were men (warlocks). Reasons: Religious angle: women seen as weaker sex, more likely to fall for temptations of the devil (like Eve in the Adam and Eve story). Many women lived on their own due to impact of wars. Misogyny: hatred of women Thus, it reflects attitudes to women at the time! 11

Tests for witches: based on religion and superstition looked for “Devil’s marks” scars, boils or spots, a third nipple. “familiars ie. the Devil in animal form, usually a cat. The “needle test” (pricked by a needle; if you did not feel pain it was the devil’s work! Some were tortured until confessed. The swimming test - if you could swim you were guilty-) “Trial by Ordeal”. Key themes: importance of religion and superstition, power of the government. End of C17th: CHANGE: Witchcraft declined as an issue of concern. WHY? Mathew Hopkins revealed as a cheat. More stable government after the Civil War. Less religious tension. Decline in belief in witchcraft by the educated classes. Age of science and reasoning due to the Enlightenment led to less superstition. Royal Society set up during reign of Charles II to promote science. Growing prosperity reduced tensions in villages. 1736, last law saying witchcraft was a crime was repealed. Key themes: decline of religion, growth of science, government view less harsh than public. POACHING Poaching was illegal hunting. The laws against poaching were very unpopular. Only the very rich landowners (whose land was worth 100 a year) were allowed to hunt and they could hunt on any land. The Black Act of 1723 made poaching deer, hare or rabbits a capital crime (ie. punished by the death penalty) this included anyone caught armed or disguised by blackened face who could be assumed to be a poacher. Possessing snares for catching animals was also made a crime. These laws against poaching were hated because they seemed to be for the rich only. Why did people poach? to supplement their food esp. during bad harvests. As a sport. Some found it exciting. As a trade. Some sold the dead animals for profit. Many believed that killing wild game animals was a right that everyone should have. (They were not a farmer’s property in the same way as cattle and sheep). It was often difficult to convict poachers because of their solidarity (no-one would talk to the gamekeepers who protected large farm estates) and because juries often sympathised with the poachers and let them off. Poaching tells us that unpopular laws will be broken by many people who think they are unfair. Jonathan Wild: Thief-Taker General. An example of early C18th theft. Wild was a servant in London. He got into debt and went to prison where he learnt from other criminals. When released Wild became a city official and pledged to track down criminals. He became known as Thief-taker General, using a network of informers to break up gangs of thieves and highwaymen. Used his knowledge to control thieves and organised robbery and burglary for his own benefit. He became a very powerful criminal boss whilst seeming to be respectable. His position was threatened by Jack Sheppard, a famous housebreaker whose exploits made him popular (eg. escaped through six bolted doors using handcuffs and an iron bar). When Wild executed Sheppard he became very unpopular. Eventually Wild was caught receiving stolen goods and was hanged in 1725. After his death crime in London soared. Importance of Wild: shows problem of prison turning petty criminals into hardened criminals/ shows problem of a lack of a proper police force. The old methods of law enforcement (watchmen/ hue and cry/local constables) could not cope with the growth of towns and cities. 12

THE BLOODY CODE During the period 1600-1750 punishments for crime became harsher. Any new crime eg highway robbery, poaching or smuggling was dealt with by use of the death penalty. This development was called, by its critics, the Bloody Code. Why was the Bloody Code introduced? Fear of rising crime (crime was actually falling but it received a lot of attention in newspapers/ broadsheets). Decline of the church as a means of controlling society/ increased travel/ increased trade/ growth of towns and cities made dealing with crime more difficult. Wealthy landowners used the law to protect their own rights and privileges. The idea of creating a proper police force was unpopular (it would take away people’s freedom/ too expensive). People believed that harsh punishments would act as a deterrent and prevent crime taking place. During the Bloody Code the number of executions fell. Why? Juries were unwilling to find someone guilty if the penalty was death. If you were sorry for your crime or had a previous “good character” you could often escape the death penalty. The development of transportation to the American colonies as an alternative to hanging. A fall in the level of crime. (This enabled supporters of the Bloody Code to say it worked but critics pointed to the factors given above for the fall in executions). CHECK YOUR REVISION 1. Explain the role of each of the following in enforcing law and order in the Tudor Period: a) b) c) d) Watchmen Hue and cry Sheriffs Justices of the Peace (J.P.s) 2. State one similarity between this system of law enforcement and that used in the Mediaeval Period: 3. What were the following crimes and explain why they were considered to be so serious in the Tudor and Stuart Period (1485-1714) a) Treason is it was taken seriously because . . b) Heresy is it was taken seriously because . c) Vagabondage is it was taken seriously because . d) Witchcraft is it was taken seriously because . 13

4. State three ways in which vagabonds were punished: 1 . 2 . 3 5. Explain how the role of the monarch encouraged witchcraft hysteria in the C15/C16th: 6. Write a sentence to explain how each of the following led to a decline in witchcraft trials: The rise in scientific knowledge led to a decline because . . The economy started to improve in the late C17th therefore . The Church of England became established meaning . . . 7. List three ways in which tests for witches reflected religion: a) . b) . c) 8. What is poaching? . 9. Explain why poaching was taken so seriously: . . 10. The Black Act of 1723 introduced what measures?. 11. List four reasons why smuggling was difficult to deal with in the C18th: a) b) . c) . d) . 12. What term was used to describe Jonathan Wild? 13. What does the career of Jonathan Wild tell us about the effectiveness of the system of law and order used during the early C18th? It tells us that I have come to this conclusion because 14. What was the Bloody Code? . 15. Which factor do you think was the most important reason for the development of the Bloody Code? Explain your choice.

5 GENERAL POINTS: Crime is often categorised into: Crime against the person eg. murder, rape, assault. Crime against property eg. theft, vandalism. Crime against authority eg. riot, rebellion. Some crimes may be a combination of more than one of the above eg. mugging. The exact nature of crime has changed through time and reflects the attitudes and values of people in different periods of our .