Early Modern 1500-1700 Crime and Punishment

Question 1

What was the Tudor and Stuart overseeing great religious changes cause?

Answer 1

Caused tension between the tradition catholic church with new protestant beliefs. Led to an increase in people being found guilty of most serious crimes against authority - heresy and treason.

Question 2

What is Heresy,

Answer 2

Crime of challenging official religion of a country.

Question 3

What is a heretic?

Answer 3

Person who commits act of heresy.

Question 4

What is the difference between treason and high treason

Answer 4

Treason only challenges authority of a monarch, high treason is planning to harm or overthrow monarch.

Question 5

What did the change in monarch result in?

Answer 5

Change of religion and laws (could make religious activities of catholic or protestants a crime quickly)

Question 6

When did heresy become a crime and why?
What was punishment?

Answer 6

Became a crime in 1382 when monarchy and church became worried about ‘threat’ of other religions they had encountered during crusades such as islam and judaism.
Some were burned at stake (deters others)
Or offered an opportunity to recant (change religion.)

Question 7

What was the punishment to treason?
What was the punishment for high treason?

Answer 7

Treason - hanged.
High treason - hanged, drawn and quartered like gunpowder plotters

Question 8

What was heresy and treason commonly linked to as a crime in early modern england?

Answer 8

Linked to challenging official religion of a country also religious belief of a monarch.

Question 9

Who were all the 5 key monarchs in early modern england?

Answer 9

Henry VIII (1509-47)
Edward VI (1547-53)
Mary I (1553-58)
Elizabeth I (1558-1603)
James I (1603-1625).

Question 10

What did the 1st key monarch henry VIII do? (1509-47)

Answer 10

First monarch to break with catholic church.
Executed 81 catholics for heresy if they refused to take the oath to accept him (not the Pope) as the head of church of england.

Question 11

What did the 2nd Key Monarch, Edward VI do? (1547-53)

Answer 11

Protestant king
Introduced a prayer book written in english.
Imprisoned catholic bishops in the Tower Of London.
Also executed leaders of catholic rebellions for treason and two catholics were executed for heresy.

Question 12

What did the 3rd key monarchs, Mary I do? (1553-58)

Answer 12

Strict catholic who restored authority of the Pope as the head of english church.
She introduced strict heresy laws and executed 283 protestants for heresy.
800 Protestant clergy fled england.
Later nicknamed ‘bloody mary’

Question 13

What did the 4th key monarch, Elizabeth I do? (1558-1603)

Answer 13

Protestant who attempted to seek religious settlement between catholic and protestants.
Executed many catholics for treason involved in plots to remove her from throne.

Question 14

What did the 5th key monarchs, James I do? (1603-1625)

Answer 14

Protestant
Executed many catholics for their plans to plot against him in 1605.
As a result of failed plot, he introduced strict anti catholic laws.

Question 15

New crime in 1500s:
Vagrancy / Vagabondage.
What were Vagrants?

Answer 15

Vagrants (vagabonds) were homeless and unemployed.
Travelled to nearest town and begged.

Question 16

New crime in 1500s :
Vagrancy / Vagabondage
Why did it become a crime?

Answer 16

upper classes living in towns saw vagrants as a threat and influenced the governments to make laws against them.
Most vagrants resorted to theft.
People believed they were simply lazy.

Question 17

New crime in 1500s:
Why did vagabondage increase?
What were the laws against vagrants?

Answer 17

Increased due to increase of population, falling wages and increased food prices.
1536 - Henry VIII closed monasteries which had helped them previously.

1494- Vagabonds and beggars act - put in stocks for three days and sent back to their village.
1547- vagrancy act - able bodied vagrants to be branded with letter V and sold as slave.
1601- Poor law act - deserving poor (elderly, sick, disabled) given poor relief. Undeserving poor (fit for work) could be branded, whipped or sent to house of correction where they were forced to work for food or shelter

Question 18

Why had witchcraft became a more serious crime in early modern england?

Answer 18

Poor were accused of witchcraft by the rich.
Issues such as ill health or poor harvests couldn’t be explained - feared cause was witchcraft.
Monarchs because fearful of witches
Dramatic public trials and punishments for witchcraft made people more fearful.

Question 19

New crime: smuggling.
1600s.

Answer 19

Government introduced import tax on certain goods such as brandy and tea in 1600s.
Smugglers brought goods from europe to england and sold them for lower price
Rare for smugglers to be reported as many people took advantages of cheaper prices.
Smaller boats could enter england anywhere along coast at night in places where authorities couldn’t cover.

Question 20

What were puritan crimes?
(Oliver cromwell after english civil war)

Answer 20

oliver cromwell led england after victory in english civil war.(1651)
Was a puritan with very strict religious views.
Gambling, feasting, drinking alcohol and playing sports were banned as cromwell believed they led to poor behavior.
(After his rule, many of these actions were decriminalized)

Question 21

How was poaching crimes still treated similarly in early modern times as they did in medieval?

Answer 21

With more poverty, the poor continued to hunt for food and privately owned land.
Poaching became more difficult to enforce as poachers formed gangs who planned hunts using look outs.
Rich saw poachers as thieves and demanded harsher laws against them.
Punishments were still harsh.

Question 22

What similarities stayed in early modern as they were in medieval?

Answer 22

Still no official police force -
collective responsibility still played a key role.

People still expected to raise hue and cry if witnessed a crime.

Justices of Peace (JP) still took petty criminals to prison before court.

Trial by Jury (started in 1215) became main secular method of judging someone’s guilt.

Royal judges still travelled to country to deal with serious crimes.

Question 23

How did the role of the church decline in law enforcement in early modern times?

Answer 23

Henry VIII only allowed people to claim benefit of clergy once.
Edward VI made serious crimes exempt from benefit of clergy.
Elizabeth I made clergy go to trial in secular courts.

Henry VIII stopped people going into exile (hiding) abroad if they had claimed sanctuary
James I abolished ability of people to gain sanctuary for good in 1603.

Question 24

What did the impact of growing towns and population from 2.5-6 million 1700 cause?

Answer 24

Old method of law enforcement was no longer effective in towns.
Thieves took advantage of crowded areas - pickpocketing became common.
Fewer people knew eachother - criminals harder to identify.
Increase in number of poor in town
Towns and ports offered more goods for criminals to steal.
Wealthy lived in town and were a target for thieves.
Fraud became more common.

Question 25

What new law enforcement roles were introduced ?

Answer 25

Town Constables Night Watchman Thief taker

Question 26

What were the new town constables?

Answer 26

Town constables / paid role. Respected men from community employed by the town authorities. Helped collect fines, round up vagrants and break up fights. Had powers to arrest suspects and take them to courts.

Question 27

What were the new law enforcement role of night watchman?

Answer 27

Every man in community was expected to volunteer as night watchman. Patrolled street between 10pm and dawn. Carried a lamp, wooden spear like weapon called a halberd and had a dog. Rang a bell to alert people of criminal activity.

Question 28

What was the new law enforcement role of a thief taker?

Answer 28

Privately hired and well payed by rich to catch criminals and take to court. Hired as rich believed town constables weren’t affective enough. Often used violent and corrupt methods to catch criminals. Famous london their taker was Jonathan Wild.

Question 29

What punishments remained similar to medieval punishments?

Answer 29

deterrence and retribution still the main purpose of punishment Capital and corporal punishment continued. Most punishments still carried out in public as a deterrent. Fines, sticks and pillory used for petty crimes. Hanging still used for serious crimes. Burning at stake continued for heresy.

Question 30

What was the new punishment : Bloody code?

Answer 30

Aim of bloody code was to deter many people from commiting a crime by making many acts punishable by death. By 1688, number of capital crimes was 50, Some capital crimes would be seen as minor today such as stealing food from private land or pickpocketing. Continued until early 1800s.

Question 31

Why was the bloody code introduced?

Answer 31

Monarchs were heavily influenced by parliament, who were wealthy landowners who looked down on poor. To protect their own property and status they influenced the bloody code.

Question 32

How did some people get out of the capital punishment from the bloody code?

Answer 32

Some would he issued a pardon if they could prove they had a good character. Pregnant woman could ‘plead for belly and hanging would be delayed after birth (many ran away in this time)

Question 33

What were debt prisons?

Answer 33

Set yo for people who couldn’t afford to pay fines or pay back loans. Prisoners had to pay for food or clothing / if not they went without Common practice to lock women, men and children up in same room. Unhygienic conditions. .

Question 34

what was the house if corrections?

Answer 34

From 1550s Vagrants without work were sent here. Hard labour sucb as breaking up rocks in return for food and labour. Idea was that they would work hard and be rehabilitated. First was Bridewell prison in London.

Question 35

What was the new punishment / transportation to north america?

Answer 35

from 1600s some criminals were send to new english colonies in north america. Sent to hard labour for 7-14 years. 50-80k women, children and men were transported. Many couldn’t afford to return. work of prisoners help build englands economy through trade. Helped establish englands control in north america.

Question 36

What crimes did the gunpowder plotters do in 1605?

Answer 36

High treason and heresy.

Question 37

Events of gunpowder plot 1605.

Answer 37

1) Religion was cause of tension, they hoped James I would give catholics more freedom due to his mother Mary I. 2) James I introduced anti catholic laws - punished catholics with fine if they refused to attend protestant church services. 3) Led by robert catesby / plotted to kill James I and Protestant MPs. 4) Rented room under parliament and filled with barrels of gunpowder. Guy Fawkes responsibility to set them off. 5) Eltter which warned the authorities was handed to James I spy master Robert Cecil. 5th november guy fawkes was discovered. 6) Fawkes taken to tower of london and tortured on rack for 12 days until he gave names of other plotters. 7) put on trial and guilty of treason - most serious crime against authority. Hung drawn and quartered

Question 38

After Failed gunpowder plot, what acts did James I put in place?

Answer 38

1605 Thanksgiving act - made failed catholic plot an event. Catholics banned from voting, being MP, being army officer and working in legal profession. 1605 recusants act - all catholics had to swear an oath of alliance to king and were fined heavily if didn’t attend protestant services.

Question 39

When did witch hunts and witch trials peak?

Answer 39

During and after years of english civil war (1642-51) as time of great social stress and people blamed death and destruction on witchcraft.

Question 40

How did .. Henry VIII Elizabeth I James I influence witchcraft?

Answer 40

Henry 1; punishable by death for first time in 1543 witchcraft act Elizabeth I - witchcraft was no longer tried in church courts to make punishments harsher. James I - in his book Daemonolgie, he promoted witch hunting and called them ‘slaves of the devil.’ he was genuinely scared of them.

Question 41

Who was matthew hopkins? How did he influence witchcraft becoming a serious crime in 1600s?

Answer 41

Known as witchfinder general. Focussed his witch hunts far south east of england during english civil war. Stirred up panic in 1645-47 300 were investigated by hopkins with 112 being hanged.

Question 42

How did economic problems cause witchcraft being a serious crime?

Answer 42

Lot of poverty due to poor harvey’s and civil war Easy for people to use witchcraft as a scapegoat . Poor, vagrants, elderly and women were targets of witchcraft accusations.

Question 43

How did no authorities make witchcraft a serious crime in 1600s?

Answer 43

Easy to accuse a person as local authority was weak/non existent. People began to take law into own hands as witch hunts and trials became more common.

Question 44

How did the church help witchcraft become a serious crime in 1600s?

Answer 44

Civil war highlighted difference between catholics and protestants. Many protestants began to link witchcraft to catholic church. Rumours spread.

Question 45

Where was Matthew Hopkins originally from and what was he?

Answer 45

Originally a lawyer and JP in essex. Employed to seek out anyone who was a religious threat to church. Took advantage of witch craze to carry witch hunts and was paid well - he was paid average monthly wage for each person he brought to trial.

Question 46

what was matthew hopkins witchcraft interrogation methods? What would happen if found guilty?

Answer 46

Sleep deprivation to make suspect confused. Food and drink restricted - make accused weak and vulnerable. Bodkins (fake knife) used to make it look like person couldn’t bleed. Stripped to search for moles or warts (devil marks) If guilty, they were hanged. Up to 1000 people were executed, and minor acts of witchcraft would be punished with day in stocks or pillory.

Question 47

Why did the witch hunts decline by 1700?

Answer 47

After hopkins death and end of civil war, intensity of witch hunts declined. By 1700s, there was a period known as enlighten which brought a greater understanding of science. Monarch began to support science and influenced new laws - 1735 witchcraft act was abolished. Judges demanded better evidence for crimes.