Punishment in early modern England (Edexcel GCSE History): Revision Notes
Punishment in early modern England (c1500-c1700)
Overview of punishment in this period
During the early modern period, both traditional and new forms of punishment were used in England. While many punishments remained the same as in mediaeval times, this era also saw significant changes, particularly the introduction of new capital offences and the development of transportation as an alternative to execution.
The main purposes of punishment continued to be retribution (getting revenge on criminals) and deterrence (frightening people so they wouldn't commit crimes). However, the period also began to see some early ideas about rehabilitation.
This period (c1500-c1700) is considered a transitional time in English criminal justice, bridging mediaeval practices with more modern approaches to punishment.
Traditional punishments that continued
Fines
Monetary penalties remained a popular way to punish people who committed minor crimes. These were particularly useful because they raised money for the authorities while punishing the offender.
Physical punishments
Several forms of corporal punishment continued from mediaeval times:
- Pillory and stocks: Criminals were locked in wooden frames in public places, where people could throw objects at them and humiliate them
- Flogging: Whipping was used for various crimes including begging, drunkenness and vagrancy
- Maiming: This involved cutting off body parts as punishment, though it became less common during this period
Capital punishment
Hanging remained the most common form of execution and was used for serious crimes including theft, murder, poaching, and practising witchcraft. Interestingly, nobles who were sentenced to death were usually beheaded rather than hanged, as this was considered a more honourable way to die.
Burning was a special form of execution reserved specifically for the crime of heresy (going against the official religion). This was particularly used during religious changes when different monarchs tried to enforce different versions of Christianity.
Public executions served a dual purpose: they provided entertainment for crowds while acting as a powerful deterrent to potential criminals. The more gruesome the execution, the stronger the deterrent effect was believed to be.
The image above shows heretics being burned to death in London in 1546, demonstrating how public these executions were and how they served as a warning to others.
The Bloody Code - a major change in punishment
What was the Bloody Code?
A significant change occurred in the 17th century when the number of crimes punishable by death increased dramatically. By 1688, there were 50 different capital offences - crimes that could result in execution. These ranged from serious crimes like murder to what would seem like minor offences today, such as stealing a rabbit or a loaf of bread.
The period from 1688 to 1823 became known as the 'Bloody Code' because of this huge increase in capital punishment. The government's aim was to frighten people so much that they wouldn't dare commit any crimes.
Why did this happen?
The authorities believed that making punishments as harsh as possible would deter people from committing crimes. They thought that if people knew they might be executed even for minor theft, they would be too scared to break the law.
Common Misconception to Avoid
Despite having 50 capital offences, not everyone sentenced to death was actually executed. Many sentences were commuted to transportation or other punishments, especially for minor crimes. The harsh laws were often more about creating fear than carrying out mass executions.
Transportation to North America - a new form of punishment
How transportation developed
Transportation became an important new punishment during this period, beginning under James I (1603-1625). Initially, criminals were given a choice between execution and being transported to English colonies in North America for either seven or fourteen years.
Scale of transportation
Between 50,000 and 80,000 adults and children were transported to America during this time period. Most of those who survived their sentence could not afford to return to England, so they remained in the colonies permanently.
Why transportation became popular
Transportation served several purposes that made it attractive to the authorities:
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Reflected new ideas about punishment: Rather than just seeking revenge, transportation offered the possibility of rehabilitation while still acting as a deterrent
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Alternative to execution: As the Bloody Code made execution the penalty for many crimes, some people began to think this was too harsh, especially for minor offences and before proper prisons were established
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Economic benefits: Transportation provided workers to help establish and develop English colonies in North America while removing criminals from England
Worked Example: How Transportation Worked
Step 1: A person commits a crime (e.g., stealing bread worth more than 5 shillings) Step 2: Under the Bloody Code, this crime carries the death penalty Step 3: Instead of execution, the judge offers transportation to America for 7-14 years Step 4: The criminal is shipped to North America to work as an indentured servant Step 5: After completing their sentence, most remain in America permanently due to cost of return
Timeline of key developments
- 1603-1625: James I introduces transportation as an alternative to execution
- 1546: Public burning of heretics in London demonstrates continued use of execution for religious crimes
- 1688: By this date, 50 capital offences existed, marking the beginning of the 'Bloody Code'
- 1688-1823: Period known as the 'Bloody Code' due to the large number of capital offences
Key Points to Remember:
- Continuity and change: While traditional punishments like hanging, fines and physical punishments continued, new developments included increased capital offences and transportation
- The Bloody Code (1688-1823): Dramatically increased the number of crimes punishable by death to 50 offences, aimed at deterring crime through fear
- Transportation: A new punishment that sent 50,000-80,000 people to North America, serving as an alternative to execution while helping to build English colonies
- Purpose of punishment: Retribution and deterrence remained the main aims, but early ideas about rehabilitation began to emerge through transportation
- Public spectacle: Punishments were often carried out in public to maximise their deterrent effect on watching crowds