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Who decided what was a crime?

ROMANWritten laws displayed in towns.Twelve Tablets.Laws of Justinian.SAXONThe king and rich nobles, e.g Alfred

the GreatMEDIEVALThe king and advisersThe Norman Forest Laws

What crimes were committed?ROMAN Because there were so many laws, there were

many crimes Most crime was petty theft Violent crime only a small proportion Rebellion against Roman ruleSAXON Petty theft Violent crime only a small proportionMEDIEVAL Petty theft Violent crime only a small proportion Rebellions

How was crime policed?ROMAN In Rome, the Praetorian Guard, urban cohorts and

vigiles. In Britain, the governor and the army. But for minor crimes like stealing, people had to

catch criminals themselves and collect evidenceSAXON No police. Local communities had to catch criminals. Tithings MEDIEVAL Tithings Hue and cry Constables

How were accused people tried?ROMAN In Rome, a magistrate (and a jury for serious crimes).

Both sides gave evidence. In Britain, the governor acted as magistrate. Innocent until proved guiltySAXON Trial by jury of local men – with compurgators Hundred Courts, Shire Courts and Royal Courts Trial by ordeal – hot water, cold water, hot iron and

consecrated breadMEDIEVAL Trial by jury Trial by combat or ordeal (until 1215) Courts with royal judges and Justices of the Peace (JPs) Church Courts

How were convicted people punished?ROMAN Death for serious crimes Whipping or fines for minor crimes Nobles could be sent into exile Collective punishment for slaves One in ten (decimation) execution when soldiers

desertedSAXON Wergilds Fines, execution, mutilation, slaveryMEDIEVAL Death and mutilation Outlawing Stocks, pillory and fines

What influenced approaches to punishment and law enforcement?ROMAN Power of the emperors Protecting property Belief that violent punishment would deter crime Desire to control rebellionSAXON Growth of Christianity Protecting property Importance of local communitiesMEDIEVAL Christian ideas Power of the Catholic Church Fear of rebellion Protecting property

THE EARLY MODERN PERIOD 1500-1750Early 16th century: many changes led to

crimes. Growing towns led to street robbers (footpads) in dark alleys. Changes in religious belief led to people refusing to follow official

religion. Increased unemployment led to beggars wandering from town to town. Better roads led to highwaymen robbing travellers. 

Rich people made the laws to protect their property from the poor.

Rich people had power over poor people. Men had power over women. Adults had power over children. But the population was growing fast. Big towns were harder to control. 

LAW ENFORCEMENT 1500-1750

No police force.Constables and watchmen.Thieftakers such as Jonathan

Wild.He pretended to catch thieves. In fact he was a criminal in charge of a gang of thieves. He was hanged in 1725.

PUNISHMENT 1500-1750TRANSPORTATION At first to America and the Caribbean to work on plantations. In 1776 America won its independence so Britain could no

longer transport convicts there. After 1776 criminals were transported to Australia by ship.Reasons for transportation Prisons and prison ships (hulks) were overcrowded and

diseased The government wanted to get rid of criminals They thought the idea of being sent so far away would scare

people from committing crimes They wanted to stop the rise in crime in the cities They wanted to get rid of protesters against the government They wanted free workers to build up Australia They wanted to stop enemies like France getting hold of

Australia

PUNISHMENT 1500-1750CORPORAL PUNISHMENTWhipping, beating or other pain inflicted

on the bodyCAPITAL PUNISHMENTDeathOTHER PUNISHMENTStocks, pillory, ducking stool, cartingFinesHouse of Correction (vagrants,

unmarried mothers, runaway apprentices etc)

PUNISHMENT 1500-1750‘THE BLOODY CODE’Over 200 crimes punishable by deathDeveloped gradually in the late 1600s and

1700sWhy was the ‘Bloody Code’ introduced?Law makers worried about crime and feared

revolutionChanges in society made it harder to enforce

the lawRich landowners wanted to protect propertyBelief that harsh punishment would stop

crime

CRIME 1500-1750The crime rate went up and down.

Reasons for the crime rate going up: Rising prices Rising unemployment War Weak government Corrupt judges

Reasons for the crime rate going down: Cheap food Plenty of jobs Peace Strong government Honest judges

CRIME 1500-1750

THEFT – HIGHWAY ROBBERYWhy it increased: Ex-soldiers with no work Cheap horses Lonely open land outside towns Easy access to guns No police People travelled alone carrying money Easy to hide loot in inns

Why it later decreased: Mounted patrols High rewards Better roads and more traffic Stagecoaches with guards Licences refused to inns that helped highwaymen Open land built on Banks

CRIME 1500-1750

POACHINGCatching animals on private landEating or selling onPunishable by deathWhy many thought the law was

wrongRich landowners were allowed to hunt

but the poor weren’t.Laws were made by the rich.In the past land had been shared in

common

CRIME 1500-1750SMUGGLING Because of tax on tea, wines etc Goods brought by sea and unloaded at night Batsmen were armed smugglers protecting the cargo Carried to towns and sold to duffers (dealers) Hawkers sold the tea to customersWhy it was hard for customs officers to control Smuggling was widespread and popular – lots of people

enjoyed cheaper goods Smugglers could earn a lot of money Some smuggling gangs were violent and scary A few customs officers had to police wide areas England’s long coastline gave smugglers a wide choice

of places to land

CRIME 1500-1750VAGRANTS & VAGABONDS Many unemployed people on the roads,What caused an increase? Problems in the cloth industry Large numbers of people with no jobs Prices going up faster than wages Monasteries closed down (they had supported poor people) End of wars in England so lots of soldiers with no work Growing population – more people wanting jobs and food No system to help the poor and sickWhy was begging treated as a crime? People felt threatened by the large numbers of beggars on the

streets Communities did not like having to pay for the beggars that turned

up in their areas Acts of charity were not enough to help all the poor people Poor people were more likely to turn to stealing

CRIME 1500-1750VAGRANTS AND VAGABONDSHow did the authorities react?Some places gave special badges to sick or

disabled beggars (‘the deserving poor’) and allowed them to beg.

Others (‘study beggars’) were seen as lazy and punished.

Some sturdy beggars made themselves disabled to get the badges.

Vagrancy Acts 1494 and 1547Tried many punishments – whipping, exile,

slavery, execution, house of correctionPunishments not effective

CRIME 1500-1750

HERESYHaving beliefs that contradicted

Catholic teaching.Was a crime when England was a

Catholic countryPunishment was burning to death.Example:200 Protestants including Archbishop

Cranmer under Queen Mary.

CRIME 1500-1750

TREASONDisloyalty to the monarch or

country.Was a crime when England was a

Protestant countryPunishment was execution

(sometimes hanging, drawing and quartering)

Example:1605 Gunpowder Plot against King

James I

CRIME 1500-1750WITCHCRAFTWhy were there so many witch

hunts? Actions by the rulers – Henry VIII, Elizabeth, James I Religion - conflict between Catholics and Protestants. Poverty - lower wages, less work and a wider gap

between rich and poor. More beggars and vagabonds. Changes in society - people moving away looking for

work Families and communities breaking up - old women

left on their own Civil wars in the 1640s

CRIME 1500-1750WITCHCRAFTWhen times were hard….. rulers saw witchcraft as an offence against the government people looked for someone to blame there were more bad feelings between neighbours people believed God was angry people believed the Devil was at workMost accusations of witchcraft were made by richer people against

poor people

Why were most accusations against women? Many men feared or hated women (misogyny) Christianity portrayed women as weaker than men and more likely

to do the Devil’s work (e.g. Adam and Eve) Puritans (extreme Protestants) believed women would tempt men

to bad actions Some older women did abortions which was a crime punishable by

death

CRIME 1500-1750WITCHCRAFT What evidence was used against ‘witches’? Strange marks on the bodyThe needle test (if she did not feel the prick she

was with the Devil)Evidence from neighbours‘Possessed’ children acting as accusersConfessions (often after torture such as sleep

deprivation)‘Proof’ if two ‘witches’ swore that another

person was also a witchThe ‘swimming test’

CRIME 1500-1750WITCHCRAFT Why did the number of witchcraft trials go down?  After the 1660s change slowed down and society was

more peaceful. Many people started to be better off and relations

between people in villages got better. More people stopped having superstitious beliefs and

took a more scientific view of the world. Many things that had been seen as the work of evil

spirits began to be explained by science (the ‘Scientific Revolution’)

The last execution for witchcraft was in 1684.Witchcraft was still a crime until 1736 when all laws

about witchcraft were abolished.