Who decided what was a crime? ROMAN Written laws displayed in towns. Twelve Tablets. Laws of Justinian. SAXON The king and rich nobles, e.g Alfred the Great MEDIEVAL The king and advisers The 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 rule SAXON Petty theft MEDIEVAL 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 evidence SAXON No police. Local communities had to catch criminals. Tithings MEDIEVAL 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 guilty SAXON 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 bread MEDIEVAL 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 deserted SAXON Wergilds Fines, execution, mutilation, slavery MEDIEVAL 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 rebellion SAXON Growth of Christianity Importance of local communities MEDIEVAL Christian ideas Power of the Catholic Church Fear of rebellion

THE EARLY MODERN PERIOD 1500-1750 Early 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 1500-1750 TRANSPORTATION 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 1500-1750 CORPORAL PUNISHMENT Whipping, beating or other pain inflicted on the body CAPITAL PUNISHMENT Death OTHER PUNISHMENT Stocks, pillory, ducking stool, carting Fines House of Correction (vagrants, unmarried mothers, runaway apprentices etc)

PUNISHMENT 1500-1750 ‘THE BLOODY CODE’ Over 200 crimes punishable by death Developed gradually in the late 1600s and 1700s Why was the ‘Bloody Code’ introduced? Law makers worried about crime and feared revolution Changes in society made it harder to enforce the law Rich landowners wanted to protect property Belief that harsh punishment would stop crime

CRIME 1500-1750 Reasons for the crime rate going up: The 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 ROBBERY Why 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 POACHING Catching animals on private land Eating or selling on Punishable by death Why many thought the law was wrong Rich 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 1500-1750 SMUGGLING 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 customers Why 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 1500-1750 VAGRANTS & 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 sick Why 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 1500-1750 VAGRANTS AND VAGABONDS How 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 1547 Tried many punishments – whipping, exile, slavery, execution, house of correction Punishments not effective

CRIME 1500-1750 HERESY Having beliefs that contradicted Catholic teaching. Was a crime when England was a Catholic country Punishment was burning to death. Example: 200 Protestants including Archbishop Cranmer under Queen Mary.

CRIME 1500-1750 TREASON Disloyalty to the monarch or country. Was a crime when England was a Protestant country Punishment was execution (sometimes hanging, drawing and quartering) Example: 1605 Gunpowder Plot against King James I

CRIME 1500-1750 WITCHCRAFT Why 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 1500-1750 WITCHCRAFT Why were most accusations against women? When 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 work Most 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 1500-1750 WITCHCRAFT What evidence was used against ‘witches’? Strange marks on the body The needle test (if she did not feel the prick she was with the Devil) Evidence from neighbours ‘Possessed’ children acting as accusers Confessions (often after torture such as sleep deprivation) ‘Proof’ if two ‘witches’ swore that another person was also a witch The ‘swimming test’

CRIME 1500-1750 WITCHCRAFT 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.