Name: ____________________________

Class: ____________________________

Teacher: ____________________________

GCSE History

Crime & Punishment

Paper 1

Student Workbook

Reference Page: Thematic Study Periods

What is a ‘Thematic Study’?

This topic covers one theme ‘Crime and Punishment’ over a wide period of time in British History. It’s important that you understand the main periods of time which you will be questioned about.

Medieval England

Reference Page: What Causes Change?

You will be expected to explain why aspects of crime and punishment over time have changed over time. You may find it useful to refer to the following factors when you are asked to explain in your 12 and 16 mark questions. Use this page as a reference.

The Economy

Poverty or Wealth

Changing Attitudes

in Society

Religion

The power of the church

The Government and politicians

The influence of

Key Individuals

Immigration

Science & technology

Population Growth

and urbanisation

​

Immigration

Reference Page: Key Terms

Unit 1

Crime & Punishment

In Medieval England c.1000 – c.1500

Background information:

The population of England was around 2 million people. 90% of people lived in small isolated villages in the countryside. There were few developed towns during this time with the biggest being located along the coastline. There were few forms of communication and transport apart from a horse and cart and little knowledge of the world outside a village or local area. Communities were vulnerable to disease, poor weather and bad harvests which for the poor who had to live off the land, was the different between life and death. In Anglo-Saxon England, it was the King who made the laws of the land and decided what became was a crime or not. However, with very few laws written down, and so little communication available, it was mostly the local people themselves in their local community who had to have ‘Collective Responsibility’ to enforce the laws and to stop crime.

• English towns started to grow. Key towns at this time included Southampton, York and London. They grew due to the increasing trade with countries in Europe. More people wanted to live in towns as the trade made work for more people. With more people, there were more opportunities for crime. In particular crimes such as pickpocketing and theft.
• It was also easier to get away with a crime in a busy town as people were less likely to know each other, especially by name. Criminals had a higher chance of committing a crime and going unpunished.
• Towns had more valuable items for sale. This gave criminals an incentive to steal.

There was very little crime in England during the Anglo-Saxon period. Most people lived in small, isolated communities where everyone knew each other. This was a huge factor in deterring (putting people off) people from committing a crime.

• In villages, people knew each other. This made criminals easy to identify. Few risked committing a crime because of the shame it would bring.
• Local communities used Collective Responsibility very effectively. This meant being responsible for the actions of others and making sure friends and family were not tempted to break the law and taking action to find criminals.
• Each Anglo-Saxon village had an official called a Reeve who was highly respected and chosen by the community. The Reeve had the responsibility to carried out decisions made by local courts to make sure any criminal was punished.
• In every Anglo-Saxon village, the Church also played a vital role in the community. People strongly believed that if they sinned by committing a crime, they would end up in Hell.

Anglo-Saxon England was divided into a very strict hierarchy. The KING was at the top, followed by his trusted wealthy and powerful NOBLES, followed by the FREEMEN who rented small amounts of land in order to grow food or farm animals. At the bottom were the SERFS who owned no land and worked hard for very low wages. SLAVES also still existed in some villages.

​

Any action which threatened this social structure was seen as a crime. For example, if a serf attacked a nobleman, the surf would be seen as committing a high level crime (almost like treason) and would receive a harsh punishment. However, if noble attacked a serf, it would likely go unreported.

• The king had the final say on what became a law and what became a crime. It was strongly believed at this time that a king had the duty to keep ‘The King’s Peace’ in the land. However, he was not expected to do this on his own. The King relied on his royal advisors and his nobles to help him rule the country.
• These wealthy advisors and nobles owned lots of land and influenced the King hugely. They did well from this as they could advise the King to make laws that would also protect their own interests, their land and their wealth.
• It was a crime for a serf (peasant) to trespass onto land owned by any person higher than them in society. Any person who trespassed to gain food, to hunt or even collect firewood for their homes could be seen as committing a crime known as poaching.

Crime in Towns

Crime in the Countryside

Keeping ‘The King’s Peace’

Anglo-Saxon Society & Crimes

Lesson 1

Anglo-Saxon England

The Hierarchy

Crimes against Authority

Any action that challenges the authority of the monarchy, the government or the group in society above you.

Crimes against the person

Any action that causes physical or emotional harm to another person. This can range from murder to a physical assault.

Crimes against Property

These are crimes which involve the theft or the damage to a person’s property or belongings. For example, poaching from land, theft, arson (burning).

Social Crimes

. It is an action that still breaks the law BUT will often go unreported as many people in society believe it should not be a crime or think it is better to ignore it. For example, poaching in Anglo-Saxon England was also a social crime to the serfs because hunting for animals was often the only way they could find food to eat for themselves and their families.

Anglo-Saxon Society & Crimes

Lesson 1

Anglo-Saxon England

Explaining Crime in Anglo-Saxon England

1. What does the term ‘Collective Responsibility’ mean?

​

​

​

2. Why would a serf attacking a noble be seen as a ‘crime against authority’?

​

​

​

3. Define the crime of ‘poaching’.

​

​

​

4. Explain two reasons why the crime level in the countryside was low during the Anglo-Saxon period.

​

​

​

​

​

​

5. Why did towns such as York, Southampton and London grow during the Anglo-Saxon period?

​

​

​

​

​

6. Explain why crime levels increased in the growing towns of Anglo-Saxon England.

​

​

​

​

​

Background information: It was the king, with his duty to keep ‘The King’s Peace’ who had the final decision about laws in England. Law Enforcement is how the authorities made sure that the laws of the land were followed and that nobody broke these laws. One key part of law enforcement was to make sure that people were put on trial for what they had done in order to be found innocent or guilty. We will look at the role of the local community in enforcing laws, as well as the types of ‘trial’ used by the authorities to prove a person’s innocence or guilt.

The Anglo-Saxon people believed that it was the victim’s responsibility to seek justice if a crime was committed against them. The whole community were expected to play a part in finding the criminal and report him/her for trial. Being loyal to your community was seen as a strict duty.

How Law Enforcement was Organised

• English shires (like a region today) were divided into smaller areas of land called a hundred. Then, each hundred was divided into 10 ‘tithings’. All of the men in the tithing who were aged 12 or over were responsible for the behaviour of others.
• One man from each hundred, and one man from each tithing had to meet regularly with the King’s Shire Reeve. The shire reeve was chosen locally as a person who brought criminals to justice. This means that he was responsible for getting them to their trial. (The term ‘shire reeve’ later turned into the word ‘sheriff’. The role of a tithing was to prevent crime. For example, cattle theft became a noticeable crime in this time within communities.
• The whole community was also responsible for tracking down those people who were suspected of committing a crime. Anyone who witnessed a crime or was a victim would raise the ‘Hue and Cry’. Literally, they would shout for help and everyone who heard this was expected to help capture the suspect.

• Anglo-Saxon law enforcement relied heavily on religion. It was ‘God’ who played the main role in deciding if a person was innocent or guilty. Everybody believed that the consequence of a lie would result in a person going to Hell. This was enough to frighten any suspect into telling the truth.
• One way a person suspected of committing a crime could prove they were innocent was by swearing an oath. An oath is when a person promises before God to tell the truth. A typical oath may start ‘I swear before God that..’
• The person suspected of a crime would be taken to a public place to take their oath and declare that they were innocent. They could also ask for others in the community who knew them for their support and give proof of their good character.
• In most cases the person accused of the crime would walk free. This may seem ineffective but in small communities, where everyone knew each other, it would be very hard for a criminal to get away with a crime.
• Taking on oath was only available however, to those people who had not taken an oath before or if the person had been caught ‘red handed’.

The Church authorities had an important role to play in justice (to decide if a person was guilty or innocent). A person could be given a trial called a ‘trial by ordeal’. This was a way of testing a person’s innocence or guilt according to the eyes of God. This was not questioned at the time as Anglo-Saxon people believed that God knew everything.

Trial by Hot Iron

A person is made to hold a burning iron rod. The hand is then bandaged for a few days. If the hand heals well, it is believed that God has judged them innocent. If it did not heal, it was a signal that God has judged them guilty.

Trial by Hot Water

A person’s hand is placed in boiling water. It is then bandaged for a few days. If the hand heals well, God has judged the person innocent. If the hand did not heal or became infected, it was a signal that God has judged them guilty.

Trial by Cold Water

The suspect is thrown into cold water such as a river or stream which has been blessed by a priest. If they float, it is believed that God has ‘rejected’ them and they are guilty. If they sink, God was willing to ‘accept them’ and they were innocent.

Trial by Blessed Bread for Priests ONLY

A piece of bread was blessed by another priest. The accused is then asked to eat the bread. If the accused swallows easily, then God has judged them to be innocent. If the accused choked or coughed when eating the bread, it is believed they are guilty.

Law Enforcement in Anglo-Saxon England

Lesson 2

Anglo-Saxon England

The Role of the Local Community

Taking a Religious Oath

Trial by Ordeal

There were 3 main beliefs about how the law should be enforced in this time:

1. Community: That it was the collective responsibility of the community to control behaviour of others.

2. Religion: It was believed that that God always had the final judgement over a person’s innocence or guilt.

3. Status: That a person’s status or importance in society affected how they should be judged.

Anglo-Saxon Law Enforcement

Lesson 2

Anglo-Saxon England

Anglo-Saxon Law Enforcement

Lesson 2

Anglo-Saxon England

Background information: We need to find out what types of punishments were carried out in Anglo-Saxon England. Even though the trials we looked at last lesson, might seem like a punishment because of the pain they would cause, these were just a way to prove innocence or guilt – they were NOT a punishment. Important to remember in this time is that a punishment would very much depend on a person’s social status (how important they were in society). Below you will find out about the different type of punishments which would be given for different types of crimes.

• Murder was punished by a fine which was paid to the victim’s family. This was seen as a compensation for the loss of a family member. This fine was called the wergild. This literally translates to mean ‘man price’
• A fine was paid to the victim’s family to stop the victim’s family gaining revenge by killing the murderer themselves. This would have led to families in the same village continuing their revenge in what was known as a ‘blood feud’ (or argument).
• A key feature of the wergild was how the amount paid in compensation would depend on the social status of the victim and the murderer. The table below shows how much a person’s life was worth in Anglo-Saxon England with the amount of compensation that had to be paid.

• Some crimes received capital punishments – a punishment which results in death. This was meant to be a form of retribution (to match the severity of the crime)but also used as a strong and powerful deterrent (to frighten others in the community into not committing the same crime).
• Treason and arson were seen as the two most serious crimes in Anglo-Saxon society as this mainly destroyed the land and property of the nobility and the king. It also meant that these were crimes against authority – which always had the most severe punishments. The main form of capital punishment for those found guilty of these crimes was by public hanging.

Less severe crimes resulted in corporal punishments. A corporal punishment causes physical harm and pain to the body. Corporal punishments also acted as a deterrent, to help stop others in the community from committing similar crimes. Even though these punishments sound very extreme, they were viewed at the time as being lenient compared with the death penalty. The criminal with a corporal punishment would almost always survive and be left with a permanent physical disfigurement. This in itself would act as a deterrent and reminder to others in their community.

The stocks and pillory would involve physical pain and discomfort as well as public humiliation. This punishment would be given for the least serious crimes but it still acted as a deterrent to others in the community.

• The pillory secured a person with the arms and the head while they stood.
• The stocks secured them at the feet while they sat down.

Those given this punishment would be placed in the middle of a village or town square in full view of the community for several days even in poor weather. The public would then throw their rubbish as well as verbally abuse the criminal. A common crime which resulted in this punishment was public disorder - drunkenness. Women might also be put into the stocks or pillory for arguing with their husbands or showing poor behaviour.

The Wergild

Anglo-Saxon Capital Punishments

Anglo-Saxon Corporal Punishments

Public Humiliation – Stocks and Pillory

Anglo-Saxon Punishments

Lesson 3

Anglo-Saxon England

Anglo-Saxon Punishments

Lesson 3

Anglo-Saxon England

Background information:

After William, Duke of Normandy’s victory over the Anglo-Saxons at the Battle of Hastings in 1066, a new Medieval era started in England. William the Conqueror brought over his own ideas about crime, law enforcement and punishments from Normandy, where he was known to be tough on criminals. One big change was the increasing power and control over the law that the Norman Kings such as William had. It was vital that William proved to the Anglo-Saxon people that his new rule was to be taken seriously. He quickly made sure that any potential Anglo-Saxon rebels who disliked his rule knew that he had authority over them. By the end of this lesson, you will be able to identify the changes to law and order that William introduced as well as explain why he did this.

• Between 1066 and 1087, William I took control of England. He needed to establish his royal authority over the country. There were Anglo- Saxons who wanted to rebel against their new Norman rulers and William had to use brutal methods as a way for the Anglo-Saxon people to submit to him.
• The methods that he used proved that his power as a king was without any limit. After all, any attempted resistance against William was a Crime Against Authority which resulted in the most harsh punishment – death.
• He ordered brutal punishments for the rebels, but also their families and their whole community. For example, farmland and animals were destroyed and It is estimated that 100,000 people died of starvation as a result of William’s actions to deter more rebellions.
• For example, in 1069, William sent his men to burn crops, kill hundreds of people, destroy homes and livestock in the north. This event was known as The Harrying of the North and was a harsh deterrent to other communities who thought of resisting his rule.

Norman Castle Building

The Norman Feudal System

William’s New Forest Laws

The Increased Power of the new Norman Kings

• A huge change introduced by the Normans was the building of castles all over England. This started straight away in 1066 with the easy and quick to build motte and bailey castles.
• Peasant workers were used to build the castles in which the Norman lords and nobles would live. This was another way for William to show his authority.
• The castle would then be used to control the local people but also physically demonstrate their power. Castles would be built on high land to keep a watchful eye on the villagers and also look intimidating.
• The castles symbolised the increased strength and authority of the King over law and order in England.

• Society was organised in a strict way under the Anglo-Saxon kings. However, William brought with him his own version from Normandy. To make sure William had the ultimate power over his people he introduced the Feudal System. In the Feudal System, everyone owed money and promised to serve the class above them. Only the King was free to do as he wanted.
• William replaced the older Anglo-Saxon nobles with his own, loyal nobles from France and his land in England was divided up among them.
• He also made sure he had a group of knights to fight for him if and when needed. This meant being a warrior had a high status and show control over the lower classes in society.
• Anglo-Saxon peasants at the bottom of the hierarchy had to work for their new Norman lords by law.
• Furthermore, peasants were no longer able to leave their village. Running away or moving to another village now became a crime. Peasants were hunted down and were known as an ‘outlaw’ if they did this.

• William declared large areas of the English countryside ‘Royal Forests’ which he would use for hunting. For example, 40 village communities were evicted from their land to make way for William’s ‘New Forest’ in the south of England which was to be part of his new ‘royal playground’.
• Only nobles who could pay for the hunting rights and the King had a right to use them. This payment from William’s nobles for hunting rights also gave William important revenue (wealth/money).
• In total, around 30% of England became a ‘Royal Forest’. It meant that land which had previously been used as ‘common land’ (land to be used by anyone) was now strictly controlled by the king and out of bounds to the peasants. Common land was previously used by peasants for grazing animals, collecting fire wood and hunting for animals such as rabbits.

Poaching – A Crime against Authority and Property

The crime for illegally entering the King’s land in order to hunt or take resources was called poaching. The Forest Laws meant that for peasants it now became illegal to carry weapons on the king’s land, fish in lakes or even take a fallen branch for fire wood to provide heat for their family.

Poaching was also a ‘Social Crime’.

The Forest Laws created a lot of anger as it took away people’s access to natural resources which they relied on to survive. Poaching was therefore also a ‘Social Crime’. These are actions that are breaking a law but which many people in society are not willing to report what has happened as they believe they are unfair. However, if caught, a poacher could be hanged, blinded or even castrated. These punishments were deliberately intended as a deterrent to other poachers.

New Laws & Crimes in Norman England

Lesson 4

Norman England

New Laws & Crimes in Norman England

Lesson 4

Norman England

New Laws & Crimes in Norman England

Lesson 4

Norman England

Background information: William became King in 1066. He saw that the existing methods of law enforcement and most punishments from Anglo-Saxon England were effective – they worked! Therefore he kept many methods of law enforcement and punishment the same. Afterall, everyone in England knew and respected the existing methods of law enforcement and punishments. However, William did introduce some changes. Today, we will look at what these changes were and why William introduced them.

The main aim of a punishment remained as it was before – to be harsh enough to deter criminals and as a form of retribution. The Normans still used a combination of corporal punishments, fines as compensation for murder and execution in the form of hanging. Any attempt to rebel or challenge anyone in the social status above them would be an act of a Crime Against Authority which continued to receive the most harsh punishment.

Trial by Combat

Trial by ordeal continued but the Normans introduced a new ordeal - Trial by Combat. This was used to settle arguments over money or land. Two people would fight using swords, or sometimes sticks. It was seen as more dignified for the richer classes such as nobles. The fight could be until death or often, the loser would be given the death penalty or a corporal punishment.

The King’s Responsibility

In Anglo-Saxon England, it was expected that the king had the duty to keep ‘The King’s Peace’. This remained similar under Norman rule as it was believed that everyone should be kept safe by the king. The Normans called their version of this the ‘King’s Mund’.

Brutal Punishment for Whole Communities

William needed to show his royal authority to those communities who resisted him. He used brutal force to make sure people submitted to him. He punished large groups of people rather than just individuals as a way to show his power. For example, his destruction of farmland, homes, livestock which caused famine (starvation) in parts of the north following William’s ‘Harrying of the North’ in 1069.

NORMAN LAW ENFORCEMENT: What Changed?

Increased use of the Death Penalty

There was an increase in the number of crimes that resulted in death. For example, under the Forest Laws, poaching was punishable by death. Sometimes, an alternative to the death penalty was mutilation which may include branding or mutilation. This remained as a deterrent to the rest of the community. Branding for example ‘marked’ a person in the community out to be criminal for the rest of their life.

The Wergild Fine Replaced by The Murdrum Fine

• The Anglo-Saxon compensation for a murder called the wergild came to an end. It was replaced with a new Norman system of punishment called the Murdrum Fine. If the person who had murdered another individual was not caught and nobody from the community was willing to give over information, rather than one person paying a fine, the whole community in a ‘hundred’ were ‘collectively responsible’ for paying a fine. This was an even greater deterrent to a as it encouraged local people to inform the local tithing or shire reeve who was responsible.
• Secondly, unlike the Anglo-Saxon wergild where the money would be paid to the family of the victim, the Murdrum fine would be paid directly to the King. This was further evidence of how the laws were centralised with William clearly in charge of the law, rather than laws being different in each shire.

Castle Building

Castles built in strategic locations was another form of law enforcement as Normal nobles could keep watch over villages and the castles itself would be intimidating and act as a deterrent.

Norman Shire Reeves

By 1100 all Anglo-Saxon nobles had been replaced by Norman Nobles which gave William full control over the enforcement of law. This meant that the Shire Reeves who were responsible for running the courts and trials were now all Norman and could act in their own interest.

Enforcing the Forest Laws

William also introduced men called ‘Foresters’ who were responsible for policing the Royal Forests and enforcing the Forest Laws. They were often feared and hated by the local community for how harshly they treated any ‘poachers’ they caught.

The Role of the Community

The idea of collective responsibility continued along with the system of Tithings and the use of the Hue and Cry. These methods remained effective in small village communities where everyone knew each other.

Norman Law Enforcement & Methods of Punishment

Lesson 5

Norman England

NORMAN PUNISHMENTS: What Continued?

NORMAN PUNISHMENTS: What Changed?

Trial by Ordeal

The system of trial by ordeal continued. It was seen as effective and most of all, the strong belief in religion also continued and people were happy that God should have the final judgment over a person’s innocence or guilt.

NORMAN LAW ENFORCEMENT: What Continued?

Norman Law Enforcement & Methods of Punishment

Lesson 5

Norman England

Norman Law Enforcement & Methods of Punishment

Lesson 5

Norman England

Further changes occurred to law and order in the later years of Medieval England. Key changes included a significant increase in the role and influence of the Kings’ government and importantly, an even more centralised control of the laws. Instead of local areas having a say over how laws were enforced, everything was controlled by the King, his government and royal officials who would travel the country to make sure crimes and their punishments were given out fairly and in the same way. Two key individuals who influenced law and order were King Henry II and King Richard I.

• In 1166, Henry II changed the way courts were organised and set up dedicated prisons for people who were awaiting trial. These reforms were known as the Assizes of Clarendon, (‘assizes’ means ‘courts’).
• He ordered royal judges to visit each county twice a year to make decisions on the more serious cases. This increased the power of the king and gave him a stronger centralised control over English courts.
• For the first time, standardised (the same) written instructions were issued to local sheriffs (Shire Reeves). Laws were officially recorded in writing and became the same across England.

• Parliament passed a new law called the Statute of Labourers which made it a crime for peasants to ask for higher wages. After the Black Death there was more work but 1/3 fewer workers. Peasants had to work harder and began to demand higher wages. However, the land owning ruling classes were worried that if the peasants were too wealthy they would gain too much power. As many members of parliament were from the land owning classes they wanted to protect their status and money. Parliament voted for the following changes:
• To keep wages the same as before the Black Death.
• There was now a ‘maximum’ wage for workers.
• It became Illegal to ask for higher pay.
• It was illegal to move to a new area for better paid work.

FEATURE OF CONTINUITY: The Norman nobility created the Forest Laws to protect their land and status, parliament created the Statute of Labourers to do exactly the same thing – protect their own interests.

FEATURE OF CHANGE: Previously, just the king had made decisions about new laws and what actions would be seen as a crime. Now, for the first time, the king’s parliament had a much bigger role in deciding new laws.

• New laws made challenging the teachings of the Church a crime – this crime was defined as heresy. Those who returned from the crusades spread the word that there were other religions. This led to a small number of people questioning the Christian Church.
• They wanted the bible translated into English for ordinary people to understand rather than having to rely on a translation from the clergy.
• The clergy felt threatened by this and asked the kings for support. The Kings were always very supportive of the Church and so introduced a new set of heresy laws to punish the heretics.
• The punishment was extreme, being burned at the stake and was a powerful deterrent to others.
• Justices of the Peace had the power to arrest anyone who was suspected of being a heretic.

ASPECTS OF CHANGE: One significant new punishment developed for the most serious crime of high treason. A person plotting to kill or betray the king would be sentenced to be ‘hanged, drawn and quartered’. After strangulation, the stomach was cut open and organs ‘drawn’ out before death. After death, the limbs would be sent to different areas of the town for display as a deterrent. After all, a punishment against the king was still seen as a punishment against God.

Henry II – The Assizes of Clarendon

• In village communities, the hue and cry continued to be effective and people were still expected to play their part in catching criminals. However, the growth of towns such as London and York meant that the crime rate had increased.
• With fewer people knowing each other, there were more opportunities for a criminal to commit a crime compared with small isolated villages. The law enforcement methods previously used in towns were becoming less effective.
• A more formal system developed where crime was dealt with by government appointed officials. Now, similar law enforcement methods began to be seen across the country, all under direct control of the king and parliament.

The Statute of Labourers

New Definitions of Crime

New Heresy Laws (1382, 1401, 1414)

Law Enforcement

Punishments

New Role – The Coroner

In 1194, King Richard I introduced a more specialised role of a coroner to deal with a situation where a person had died but the death was suspicious – in other words, it was not obvious why they had died.

New Role – The Justices of the Peace

In 1195, King Richard also introduced the role of the Justices of the Peace (or JPs). JPs were originally knights who were sent in to towns to help keep control if they were needed. They would help enforce the law and were given their orders directly from the King. They had a reputation for being harsh on poachers as of course, many were land owners themselves.

*NEW ROLE* The local officials which were previously known as Tythingmen, became more formal and official. These men began to be given the name of ‘Town Constables’ right towards the end of the 1400s.

ASPECTS OF CONTINUITY: Punishments in the later Medieval period continued to rely on a mixture of fines, corporal punishments and the capital punishment of execution by hanging.

New Crimes, Law Enforcement & Punishments

Lesson 6

Late Medieval England

New Crimes, Law Enforcement & Punishments

Lesson 6

Late Medieval England

Background information:

In Medieval England, religion played a key role in all areas of law and order. The Church was the biggest influence on people’s actions and ideas at the time. The Church also had a huge amount of power. However, towards the end of the Medieval era, King Henry II began to challenge the authority of the Church. He believed it should be the King who should have the greatest power over law and order – not the Church.

Members of the clergy were highly educated and highly respected. Their decisions at court or at a trial were seen as God’s decision and accepted as a final judgement. Churches were the largest building in a village and looked down on the villagers. It reminded people of God’s power. The Medieval Church influenced people’s behaviour. People believed that committing a crime was committing a sin and would end up in Hell. Good behaviour would be rewarded in going to Heaven. 20% of the country’s wealth belonged to the church which also collected a tithe (tax) from villagers.

In 1215, the Pope ordered that priests should stop using the trials by ordeal. Without the priests to run the trials, the system quickly came to an end. It meant that a different method of deciding innocence or guilt had to be found.

The Power of the Church

By the 1100s and the time of the Crusades to the Holy Land, some people were starting to become aware of different religions such as Islam and Judaism. This led to the Christian Church in England becoming even more strict with its teachings as it became worried and feared the influence of these ‘other’ faiths in England. The Church became even more strict and less tolerant (accepting) of new religions. For example, in the 1290s, English Jews were forced to convert to Christianity or be banished (ordered to leave) from England.

The Discovery of other Religions

Trial by Consecrated (Blessed) Bread

This was an ordeal for priests only. The priest would be asked to eat a piece of blessed bread. If the priest choked, in the eyes of God, he was guilty of committing a crime. This was far less dangerous than other trials and unlikely to end in a guilty verdict. For a priest, it would still be very frightening as they genuinely believed in God’s power.

End of Trial by Ordeal

Church Courts

Henry II

• King Henry II was the first king to challenge the power of the Church. He was worried that the Church and the Church courts were too lenient on criminals. He believed the King should have more power over law and order not the Church.
• He wanted punishments to be fair and standardised across the country with all trials held in Royal Courts.
• In 1166, Henry II met with bishops and agreed the Assizes of Clarendon. This led to the use of Royal Judges at court, and a set of standardised written laws across the country.

The Benefit of Clergy

Seeking Sanctuary

From Anglo-Saxon times, criminals had been able to seek sanctuary in church. The Church would provide a safe place for them as the authorities didn’t have the right to arrest people while they stood in the holy ground of the church. Criminals had to meet certain conditions to gain sanctuary such as paying a fine and sanctuary was only meant to last 40 days. After this, the accused had to either attend a royal court or leave England. Some churches had greater powers than others. For example, Westminster Abbey in London had the authority to grant permanent sanctuary and looked after hundreds of people.

CHANGES TO THE POWER OF THE CHURCH

Trial by Jury 1215

The solution was a trial by jury. The jury was a group of 12 respected men who watched over a trial and it was they who decided if the accused was innocent or guilty. This was a secular (non-religious) system which was based more on evidence and oaths than God. This system is still used in its basic form today.

William I had encouraged the Church to set up its own courts. Church courts believed that criminals should have an chance to reform, make a positive change. It promoted corporal punishment over capital punishment. So criminals would have an opportunity to ‘repent’ (feel guilty for their sin) & change their behaviour for the good.

The ‘Benefit of Clergy’ allowed clergyman who had committed a crime, ONLY be put on trial in a Church court. Church courts were lenient and rarely used the death sentence. Punishments for example included being sent on a pilgrimage or confession. This system was open to abuse. Anyone could claim to be a member of the clergy as long as they could read Psalm 51 (a passage from the bible). Criminals easily remembered the wording and claim the benefit of clergy. Psalm 51 became known as the ‘Neck Verse’ as knowing it could literally ‘save your neck’.

The Role and Influence of the Church on Law & Order

Lesson 7

CASE STUDY

New Crimes, Law Enforcement & Punishments

Lesson 7

Late Medieval England

New Crimes, Law Enforcement & Punishments

Lesson 7

Late Medieval England

Unit 1 Recap

Unit 2

Crime & Punishment

In Early Modern England c.1500 – c.1700

• Banned
• Bloody
• Burned
• Catholic

• Henry VIII
• James I
• Mary I
• Middle Way

• Terrorism
• Tudors
• Vagrants
• Witchcraft

Introduction to Early Modern England

The period between 1500 and 1700 is best known for its rule by two powerful, royal families; the __________ and the ________. _________ continued to have a great influence over people in this period, especially the tension between the traditional ___________ church and the new _____________ church. It was ___________ who first argued with the belief of the Catholic Church. This led to the ________________ in England when the official religion of England became Protestant for the first time. Other monarchs however, were strong believers in the Catholic faith. For example _________ was known as _______________ due to her brutal method of executing Protestants by being ____________ at the stake. After 1558, Queen Elizabeth tried to find a _______________ with religion but there was tension again in 1605 when ___________ plotters attempted to destroy parliament and assassinate King _____________. This was the first act of ____________ in England. Later, in 1642, the _________________ caused even more change in the law. King Charles I was __________ and Oliver ____________ became the leader of England. He was a strict Puritan and created laws which banned many popular forms of entertainment. Due to events such as war, plagues and plots, there was a strong belief in _________________ throughout this time, as well as a distrust of the poor who became known as _______________.

• Catholic
• Civil War
• Cromwell
• Executed

• Protestant
• Reformation
• Religion
• Stuarts

Factors that Caused Change – Early Modern England

POPULATION GROWTH

There was a steady increase in the population and more people from the countryside began moving to the towns and cities to seek work. However, not everyone could find a job and became homeless.

THE ECONOMY

England was wealthier but most of the money went to the rich. During this time, prices increased, wages dropped and bad harvests caused a lack of cheap food for the poor.

TRADE

A vast amount of money was being made from the rapidly increasing trade with Europe, Africa and America. Exotic goods came into ports such as London, Bristol and Southampton.

TECHNOLOGY

The printing press meant more books could be published and printed at a more affordable price. Popular topics included crimes such as witchcraft and vagabondage. They were illustrated and often read out to people.

WAR

The English Civil War (1642-46) led to the execution of a king and the deaths of thousands of people around the country. Many people were frightened and began to believe in more extreme ideas.

RELIGION

The tension between the Catholics and the Protestants meant many more people challenged the Church. It left some people confused about what they should believe in.

EXPLORATION

This era was known as the Age of Exploration. New cultures, ideas, goods and inventions were being discovered and brought back to England. When they first arrived, goods from abroad were very expensive.

KEY INDIVIDUALS

The monarchs of this time faced huge challenges. They needed to stay strong against any challenges and look powerful to the people they ruled over.

SCIENCE

This era was known as the Age of Discovery. Some people known as ‘scientists’ began to question the idea of God and came up with other non-religious explanations about why things happened.

1. Which factor might have increased the crime rate in Early Modern England and why?

2. Which factor might have led to tougher laws and punishments being introduced in Early Modern England and why?

3. Which factor might have increased people’s fear of crime in Early Modern England and why?

The Role of the Monarchy over new Definitions of Religious Crime

The Tudor and Stuart monarchs ruled much of Early Modern England during a time when there were huge religious changes. By 1500 there was growing tension between the traditional Catholic Church and the new Protestant Church. Across Europe, some people ‘protested’ against the Catholic church as they believed it was corrupt. They believed the bible should be written in the language of the people rather than Latin to allow everyone to understand the stories of Christ. Every English monarch created new laws to enforce their own religious beliefs over the people they ruled.

The Power of the Monarchs

• The many changes to the laws at this time prove how much power monarchs had deciding what was a crime.
• It was important to every monarch that the people of their country followed their religious beliefs. Using strict religious laws and making certain religious actions into crimes was one way to do this.
• The definition of a crime could change very quickly depending on who was king or queen at the time. Quite simply, a change of monarch could make the religious activities of Catholics or Protestants a crime overnight.

• The two most serious religious were heresy and treason.
• Heresy was a crime against the Church and the people who committed these crimes were known as heretics.
• Treason was the crime of challenging the power and authority of the ruler. This meant that anyone who challenged the religious beliefs of a king or queen of the time, was also committing treason as well as heresy.

The Punishment for Heresy

• Heretics were punished by being burned at the stake. The guilty person was tied to a wooden post while a fire was lit under them. Death was caused by breathing in the smoke or shock to the body from the pain. Many older heretics died of a heart attack.
• Not all heretics were burned. Most took the opportunity to recant. This meant making a public statement telling people that they had changed their religious belief to the one followed by the monarch.
• These people were made to take part in a public display that involved carrying wooden sticks to the place where their burning would have taken place. The sticks were then burned symbolically and acted as a deterrent to others.

Henry VIII (1509 – 1547)

Edward VI (1547 – 1553)

Mary I (1553 – 1558)

Elizabeth (1558 – 1603)

James I (1603 – 1625)

The Religious Changes

Mary I was a strict Catholic, just like her husband King Philip of Spain. She restored (brought back) the Catholic faith in England and made the Pope the head of the English Church once more.

New Crimes and Laws

Mary I proved how serious she was about religion with her harsh use of heresy laws. 283 Protestants were executed as heretics for refusing to follow the Catholic faith. More than 800 Protestant clergy were forced to flee England.

The Religious Changes

James I was a Protestant and tried to be fair towards the Catholics until the Catholic Gunpowder Plot against him in 1605. After this he introduced harsh new anti-Catholic laws.

​

New Crimes and Laws

The 1605 Recusants Act forced all Catholics to swear loyalty to James I and pay heavy fines for not attending church.

The Religious Changes

Henry VIII was a Catholic when he became king. But, his argument with the Pope about marriage & divorce led to him declaring himself the Head of the Church of England. He even closed down Catholic monasteries & took their wealth and land from them in his belief that they were corrupt.

​

New Crimes and Laws

Under the reign of Henry, Catholics could be executed for treason if they did not take the Oath of Supremacy. The Oath of Supremacy was their official ‘oath’ to follow Henry as the head of the Church of England rather than the Pope. It became a crime not to do this. He executed 81 heretics.

The Religious Changes

Edward was a Protestant king. He introduced a prayer book which was written in English, he allowed priests to marry and also forced church buildings to be plain and simple.

​

New Crimes and Laws

Catholic bishops were imprisoned in the Tower of London. 2 people were executed for heresy. Edward executed 2 heretics.

The Religious Changes

Elizabeth was a Protestant and restored the Protestant faith to England. However, she aimed to find a ‘Middle Way’ with her Religious Settlement.

​

New Crimes and Laws

The Act of Uniformity made it a crime not to attend church every Sunday. The Act of Supremacy made it law for everyone swear an oath to follow Elizabeth as the ‘Supreme Leader’ of the Church instead of the Pope. After a Catholic rebellion in 1569, hundreds of Catholic rebels were executed for treason as a tough deterrent.

Religion and new definitions of Crime

Lesson 8

Early Modern England

Heresy & Treason

Lesson 8

Religion and new definitions of Crime

Early Modern England

Lesson 8

Religion and new definitions of Crime

Early Modern England

• Before the 1500s, few people left the village where they were born. After 1500, this changed. A growing population led to low wages and high food prices. People decided to leave their village in search for work in towns. In the towns, it was not easy to find work. With nowhere to live and no money, the only way to survival was crime.
• The name for the unemployed and homeless was vagabonds or vagrants. Monasteries had previously helped the poor but this ended after Henry VIII closed them in the 1530s. Without any help, there was a huge increase in poverty.
• The upper classes were seeing vagabonds more regularly in towns and they had a negative attitude towards them – labelling them as lazy and criminals. The wealthy therefore put pressure on the government to introduce new laws against vagrancy.

• Most people at this time believed that witchcraft was something real and there were people that could harm others using magical powers. The increased belief in witchcraft caused fear and there was a growing belief that ‘witches’ should be punished. It was often the poor who were accused of witchcraft by the wealthier classes who often looked for someone to blame for problems.
• As the fear of witchcraft grew so did the number of laws against it and the harshness of the punishments.
• After 1500, anyone accused of witchcraft was taken to an ordinary royal court, rather than a church court where punishments would be more severe. Dramatic public trials and punishments for witchcraft increased the fear of witchcraft even more – especially at a time when religion still had a huge control over people’s life.

• The poor continued to hunt for food on enclosed land and forests and fish in rivers and streams. As the population grew, so did the lack of work, poverty and the ability to afford food. This caused more poaching.
• The 1671 Game Act introduced even harsher punishments as the upper classes saw poachers as trespassers and thieves. They pressured the government to do something. However, there were many people with sympathy for the poor, who thought the laws were unfair. Therefore, it stayed a social crime.
• The Game Act actually made criminal activity worse as men got together in groups called poaching gangs. These gangs were more difficult to catch as they planned their hunts carefully and used other members as look outs for the authorities.

In the 1600s, the government made luxury goods coming into England such as tea and alcohol, more expensive by adding ‘import duty’ - a tax. However, anyone who illegally smuggled these goods in from abroad could make a profit (money) by selling them cheaply. Poverty meant that there was a growing demand for cheaper, smuggled goods from both rich and poor and it was a crime that was difficult to enforce. Many people benefitted from it and did not think it was that serious. It was seen as a social crime as few people would report smugglers to the authorities. Even the rich upper classes who wanted the fashionable luxury goods, were willing to take advantage of the cheap prices and so rarely reported smugglers. Smuggling became a crime as the government needed a way to make sure they gained money from their import duty on goods.

• After Oliver Cromwell’s victory in the English Civil War, he became England’s Lord Protector. He was a Puritan and believed in strict religious rules on behaviour. Popular activities and entertainments that were accepted by the monarchs before, were now made illegal. E.g. Drinking alcohol, feasting and games were banned at Christmas. Feasting and drinking were discouraged as Cromwell believed it led to poor behaviour. These new crimes proved how quickly a monarch could make something a crime.
• However, in 1650 people were no longer seen as criminals and forced to pay a fine if they did not attend church every Sunday. This is an example of a crime being ‘decriminalised’.

**NEW CRIME** Smuggling

**NEW CRIME** Puritan Crimes 1653 - 58

**NEW CRIME** Witchcraft

** SIMILARITY** Poaching/trespassing

BACKGROUND INFORMATION: As well as the laws becoming a lot harsher for crimes against authority such as treason and heresy, other types of crime were defined after 1500. These new crimes were caused by the great changes happening in society such as the growth of towns, further explorations of the globe, changing social attitudes, the differences between rich and poor as well as significant changes in government and the economy.

Crime: Vagabondage, Witchcraft, Smuggling & Puritan

Lesson 9

Early Modern England

The Vagrancy Act (1547) - Any vagrant without work for more than 3 days was to be branded with the letter V and sold as a slave. This law was so severe that it was repealed (withdrawn) after 3 years.

The Act for the Relief of the Poor (1597) - This law gave harsh punishments which would be a deterrent to vagrants such as whipping and burning the ear using a hot iron.

The Poor Law Act (1601) - For the first time a difference was made between the ‘deserving poor’ and ‘undeserving poor’. The Poor Law Act offering the deserving poor help called Poor Relief. Poor relief was money collected from the rich and given to anyone not physically able to work such as the disabled or elderly. However, the undeserving poor who were seen as fit to work but just ‘lazy’ were given further punishments. Buildings called Houses of Correction were opened where ‘inmates’ would be forced to work in return for food and shelter.

**NEW CRIME** Vagabondage & Vagrancy

Crime: Vagabondage, Witchcraft, Smuggling & Puritan

Lesson 9

Early Modern England

Crime: Vagabondage, Witchcraft, Smuggling & Puritan

Lesson 9

Early Modern England

• The population of England rapidly grew. In 1500 the population was 2.5 million people and increased to 6 million by 1700. The population of London grew from 30,000 in 1500 to 50,000 by 1700.
• Ports such as Liverpool and Bristol grew due to increased trade in foods and luxury goods as well as the role they played in Britain’s involvement in the Slave Trade. Therefore, more people decided to move into towns to find work. Towns were seen as more exciting and seemed to offer more opportunities in life.

• Town constables had been introduced before 1500 but their role rapidly developed to deal with the increased crime. For the first time, town constables were employed and therefore paid by the town authorities.
• They had some powers to arrest suspects without the need for formal support from a Justice of Peace.
• They would help the local authorities collect fines and payments from people.
• They were expected to break up fights & stop criminals if they ran away and round up beggars and vagabonds.
• They had the power to take criminals to the local courts.

In towns, older methods of law enforcement simply did not work. There were too many people for the local authorities to deal with and in towns it was easy to stay anonymous (unknown) and avoid capture.

• Theft increased due to the crowded areas that developed, especially in town markets and stalls which sold far more goods. Pickpocketing was common.
• Fewer people knew each other making criminals difficult to hunt down and identify.
• There was an increase in the number of poor from the countryside known as the vagabonds and vagrants who struggled to find work in the towns. Many turned to crime just to survive.
• The rich tended to live in towns and so they were more of a target for theft. It was easy to identify the rich as a target because of how they dressed and travelled. This also led to more Fraud (conning someone out of money) with a lot more businesses.

• They were overseen by the town constable and were unpaid volunteers still expected do their normal job during the day.
• All men in a town were expected to be a night watchman at some point.
• They would patrol the streets between 10pm and dawn.
• They had a responsibility to ring a bell to warn people to get indoors if a criminal was on the loose.
• They would carry a candle lamp, a spear like weapon called a halberd and many took along a dog.

• Some people believed the Town Constables and Night Watchmen were ineffective. This meant that some wealthier people hired a group of men called Thief Takers.
• A thief taker was hired to catch a criminal and take them to the police. Some were hired to keep guard outside a person’s home or business. They would receive a significant reward for doing this.
• However, this form of law enforcement was ‘unofficial’ and open to corruption. The methods some thief takers used were highly violent.
• The most infamous London thief taker was Jonathan Wild. He secretly led a gang of thieves who then claimed the reward when they handed in the items they said they had recovered. His criminal activities were discovered however and he was executed in 1725.

With no official police force methods of law enforcement stayed similar. It was still expected that anyone who witnessed a crime should try and stop the suspect or report them to the authorities. The Hue & Cry remained very effective in in rural communities. Local law enforcement officers introduced in Medieval England also continued. The Justices of the Peace introduced by Richard I still put criminals into prison before a trial judged cases of petty (low level) crime. The role of the Sheriff (formally Shire Reeve) continued in smaller communities where they organised trials and held suspects in prison before a trial. However, they lost some of their power to the JPs. Trial by Jury which began in 1215, also continued with suspects being judged by evidence rather than people’s belief in God. Royal Judges travelled the country to deal with the more extreme cases of crime.

The Similarities with Medieval England

NEW METHODS OF LAW ENFORCEMENT IN TOWNS

Growing Populations in Towns

Increased Crime Needed New Methods of Law Enforcement

Early Modern Law Enforcement Methods

Lesson 10

Early Modern England

TOWN CONSTABLES

NIGHT WATCHMEN

THIEF TAKERS

Early Modern Law Enforcement Methods

Lesson 10

Early Modern England

RECAP OF MEDIEVAL ENGLAND METHODS OF LAW ENFORCEMENT

In the Medieval small village communities, everybody knew each other and would have to make sure laws were followed in a system known as _____________responsibility. Groups called ____________ were men over the age of 12 were responsible for catching criminals and taking them to court. If anyone witnessed a crime, they had the duty to call out the ______________. The tithing men would regularly meet with one of the king’s _____________ to discuss more serious crimes. By later Medieval England, Richard II introduced more important law enforcement officers called ___________ of the Peace or JPs. They were former knights who were sent into the towns when needed and had a reputation for treating criminals __________. Finally, Henry II decided to control law and order even more and began to send his own ____________ into towns twice a year to make sure laws were being followed. Henry II made two key changes to law enforcement. Firstly, he was the first to make sure all laws in England were ___________ in English and sent across the country. Secondly, after the Pope had ordered the end of the Trials by Ordeal in 1215, Henry II introduced a __________ or non religious form of trial called a trial by __________. Laws were now ________________ across the whole country meaning they were all the same. They were also more ______________ meaning that it was the king who took control over the laws in England.

• Tithings
• Written
• Collective

• Hue and cry
• Centralised
• Jury

• Justices
• Harshly
• Royal Judges

• Secular
• Standardised
• Shire Reeve

Early Modern Law Enforcement Methods

Lesson 10

Early Modern England

Early Modern Law Enforcement Methods

Lesson 10

Early Modern England

Early Modern Law Enforcement Methods

Lesson 10

Early Modern England

Most corporal and capital punishments continued after 1500. Punishments were still used as a form of retribution and as a deterrent to others. Most people still believed that this type of punishment was effective. For example, vagabonds were publically whipped, and fines or the stocks and pillory used to punish minor offences. Execution by hanging continued for more serious crimes and burning was still used for heresy. Those who committed high treason were still hanged, drawn and quartered.

From the 1600s, some criminals were transported to the new English colonies in North America. Prisoners were taken in chains, held under the decks of a ship. In North America, they would be given tough physical labour for 7 - 14 years. Prisoners were not given the death penalty but it was still a harsh punishment and very few returned. Between 50,000 - 80,000 men, women and children were transported to North America before 1770. E.g. King James I gave permission for vagrant children in London to be arrested and transported. They were called ‘duty boys or girls’ and many died on the journey.

Why was transportation introduced?

• EXPLORATION to the New World made this a possible punishment.
• POLITICAL - Sending criminals to North America was another way of increasing the population of a colony and to help build it up. With few prisons in England, the government wanted to ‘make use’ of their prisoners.
• ECONOMIC - The North American Colonies would also help build England’s economy through trade.
• ATTITUDE CHANGE - It was a way of taking criminals away from the people who had influenced them into crime in the first place. A change of lifestyle might help some make a new start and rehabilitate them – especially the young.

From the 1500s, a prison was just a place where people waited before their trial. They were not purpose built, just a locked room in a local castle or village building. Conditions were poor. Prisoners had to pay the wardens for food and clothing. If they could not pay they went without. Women, men and children all locked together. Petty criminals and murderers all locked together in the same space. Conditions were dirty and prisoners died of diseases, e.g. typhus.

Until now, punishments had been based on retribution and deterrence. However, transportation and the Houses of Correction were more than this. Yes, they would still be a deterrent. Yes, they still removed a person from society. However, there was a new theory. They were now seen as a way for a criminal’s behaviour to reform (or change). Giving criminals ‘hard labour’ would in theory push them to working harder in life and not need to commit crime. The time away would also give criminals a chance to reflect on their actions in order to change their ways and rehabilitate.

• Many minor offences were simply out of desperation. There was a huge amount of poverty during this time which led people to take extreme measures to feed themselves.
• Criminals could even receive a pardon (let off) if they could prove they had a good character. This meant that not all executions were carried out. This gave some people hope that they could carry out a crime and not be executed.
• Any pregnant woman who was given the death penalty could Plead for Belly. If a doctor proved a woman was pregnant, the hanging would be delayed until after the birth. Often many women ran away or were given a pardon after the child was born.

SIMILARITIES WITH MEDIEVAL ENGLAND

NEW PUNISHMENTS

• After the English Civil War where Parliament and fought against the King, the power of the King reduced. Parliament now had more say in what a crime was and how it should be punished. Many in Parliament were wealthy land owners who wanted to protect their property. They looked down on people in society they thought were a threat such as the poor and vagabonds. This led to many more crimes being punished by death.
• The Bloody Code, was the idea that the death penalty was the only way to stop crime as it simply removed the criminal from society altogether and acted as a deterrent to others.
• The number of capital crimes dramatically increased with over 50 crimes resulting in the death penalty by 1688. Most were serious like murder or that threatened the authority of the monarch such as treason and heresy. But, many minor offences became ‘capital crimes’ such as poaching and pick pocketing.

NEW THEORY – THE BLOODY CODE

TRANSPORTATION TO NORTH AMERICA

EARLY PRISONS

HOUSES OF CORRECTION

By 1556, purpose built prisons called ‘Houses of Correction were built. The first was Bridewell Prison in London. It was used to punish poor people of all ages who had broken the law & house orphaned children. All inmates had to do hard labour such as breaking up rocks to pay for their keep and it was hoped it would encourage them to work harder after their release and be a form of rehabilitation. The success of Bridewell Prison influenced other Houses of Correction to open up around the country.

Early Modern Punishments

Lesson 11

Early Modern England

Punishments remained very ‘visible’ to everyone as a deterrent and as a way to humiliate and shame. Executions remained public & drew huge crowds.

3. Prisons were still used before a trial and NOT as a punishment. However, debtors (people who were not able to pay back loans) could be held in ‘debtor’s prisons’ until their debts had been settled (usually by their family). From the 1550s, vagabonds would be sent to Houses of Correction where they would be made to work in return for food and shelter.

DID THE BLOODY CODE WORK?

Early Modern Punishments

Lesson 11

Early Modern England

Early Modern Punishments

Lesson 11

Early Modern England

The Gunpowder Plot is one of the most famous events in English History. Protestant King James I took over from Elizabeth I in 1603. After only two years in charge, a group of Catholics attempted to blow up the Houses of Parliament, kill the king and restore the Catholic faith in England. The plot failed. Consequently, the Catholics led by Robert Catesby were arrested, taken to the Tower of London, tortured and then executed by being hung, drawn and quartered. This case study is an example you can use to explain how religion still played an important role in crime and punishment in Early Modern England. It also proves how the most serious crime in the country – high treason, was punished in the most brutal way as a deterrent to others challenging the authority of the monarchy.

1. Religion and the Law under James I

After Elizabeth I’s death, Catholics hoped the new King, James I would be more sympathetic and fair to the Catholics. After all, his mother (Mary, Queen of Scots) and wife were both Catholics. Many Catholics had decided to stay in England despite the law saying England was officially Protestant. However, they were disappointed when James announced even stricter anti-Catholic laws. Catholics had to attend Protestant church services. If they didn’t they were punished with a fine.

2. The aim of the Catholic Plotters

The leader, Robert Catesby came from a Catholic family and he gathered together a group who wanted to challenge the authority of the king. They hoped the death of James I on the opening day of Parliament in November, 1605 would result in a return to an officially Catholic country. Many Protestant members of parliament would be present and it was planned to remove this powerful group of protestants to replace them with Catholics. This was a clear crime against authority as well as an act of high treason. The religious element to the plot also made it an act of heresy.

3. The Plan

Gunpowder was stored below the Houses of Parliament. It was the role of Guy Fawkes (an explosive expert) to set the explosion off. However, a letter warning about the plot was sent to one of the king’s advisors on the 20^th October 1605. Historians believe the plot was known about but it was left until the ‘last minute’ to discover the plotters to create more drama and give the James I more reason to be even more anti-Catholic.

4. Torture

After the plotters were captured, the king gave permission for torture to be used to get a confession. Torture was only allowed in England under the authority of the king in special circumstances. A torture instrument called the rack, held in the Tower of London was used on Guy Fawkes. The rack was a wooden structure which stretched the body forcing limbs apart at the joints. After 12 days, Fawkes confessed and named the plotters.

7. Even Stricter Catholic Laws

The plot increased the anti-Catholic attitude in England. James I had pressure from his Protestant parliament and the pubic for even harsher anti-Catholic laws.

Two new Laws were introduced:

• The 1605 Thanksgiving Act: This law made November 5^th an event that had to be commemorated every year.
• The 1606 Recusants Act: Catholics had to swear an oath of allegiance to the King and attend Protestant Church services by law. The fine was increased further for those who didn’t.

There were also other anti-Catholic Laws:

• Catholics were banned from working in the legal profession or being an army officer. They were banned from voting or becoming an MP. (This was only repealed’ in 1829.)
• James I published a book about the Gunpowder Plot. The account he gave further increased anti-Catholic attitudes.
• More people in England started to blame the Catholics for bad events such as starting the Great Fire of London.

6. The Brutal Punishment

Even before the execution, the plotters were dragged through the crowded streets of London. The men were hung until they lost consciousness. They were then revived. After this their genitals were cut off. This was a symbolic act to mean they would never have ‘criminal’ children of their own. Their insides were then pulled out with the heart being shown to the crowd. Finally, their head was chopped off and their body chopped into 4 pieces. These were then displayed in public. All of this was meant to act as the ultimate deterrent to any would be Catholic plotters.

5. The Trial

In January 1606, the 8 surviving Catholic plotters were put on trial (ironically in the same place in Westminster they tried to blow up). The trial lasted just one day for all 8 plotters. They were of course found guilty of treason and given the punishment of being publically hung, drawn and quartered.

CASE STUDY: The Gunpowder Plot 1605

Lesson 12

Early Modern England

CASE STUDY: The Gunpowder Plot 1605

Lesson 12

Early Modern England

CASE STUDY: The Gunpowder Plot 1605

Lesson 12

Early Modern England

As well as a belief in religion, there was a deep rooted belief by people of all backgrounds in the power of supernatural events and the existence of witches who could summon the power of the Devil to cause harm to others. People believed that witches had made a ‘pact’ (agreement) with the Devil and in return this gave them special powers such as the ability to make people sick or die. Witches were believed to have their own familiars – an animal which helped the witch do the Devil’s work. This proves how religion shaped people’s attitudes and also proved how the monarchs could use their own beliefs to influence others and create new laws. However, by c.1700 attitudes began to change. There were new beliefs in something called ‘science’ and a better more ‘enlightened’ way of understanding the world. This finally led to a decline in the belief of witchcraft and an end to the strict laws against it. By 1700, anyone who still believed in witchcraft would be simply seen as gullible and foolish.

Medieval England

The belief in witchcraft had existed to some extent in Medieval England and Church courts were used for witchcraft trials. However, the punishments were not extreme and the belief was not as widespread or seen as a serious issue.

Witchcraft in Early Modern England

However, throughout Early Modern England the monarchs introduced a number of witchcraft laws. These laws made the population believe in the existence of witches and witchcraft even more and see their actions as ‘crimes’ – especially as their king or queen also believed in their existence. It was therefore important in this time for the authorities to find witches out and punish them as a way to make people feel safe. Therefore a witch – craze began. Hundreds were accused of witchcraft, tortured, given unfair tests before being put on trial & hanged.

Monarchs had huge influence over their subjects. Their beliefs led to new laws. The laws influenced people of all backgrounds to believe even more that witchcraft was actually real.

1542: Henry VIII - The Witchcraft Act: Witchcraft was punished by death for the first time and seen as a crime against the king (treason) and the Church (heresy) resulting in harsher punishment.

1563 Elizabeth I - The Act against Enchantments and Witchcraft: Anyone accused of witchcraft was taken to trial in a common court not a church court so the punishments were more severe. Minor witchcraft acts such as using charms were punished by time in the stocks.

1604 James I - The Witchcraft & Conjuration Act: Death to anyone caught summoning the Devil.

WHY WAS THERE AN INCREASED BELIEF IN WITCHCRAFT?

The Economy

There was a growing fear by the wealthy of the poor – especially vagabonds who they saw in the towns. Many accusations of witchcraft were made by the wealthy against the poor. The poor were an easy target or ‘scapegoats’ who could not easily defend themselves.

Growing Fear of the Poor

The Influence of the Church

As well as the poor being a target, women were particularly vulnerable to being accused of witchcraft. Women, especially the poor and the elderly were easy targets for anyone wanting to make an accusation of witchcraft in their local community. Local ‘wise women’ who were known for their ‘healing powers’ were often suspected.

Attitudes Towards Women

The Church also played a key part in attitudes towards witchcraft. The Church still taught that human life was a struggle between good and evil or God and the Devil. In some cases, witchcraft was linked with the Catholic Church as more and more people became Protestant and wanted to remove the ‘old’ Catholic religion & Catholic ways.

The Influence of King James I

One key influence was King James I. He wrote a book called Demonologie which was published in 1604. The book called witches the ‘detestable slaves of the Devil’. In he encouraged readers to seek them out with instructions for running witch trials. He made it clear that witchcraft was a crime against the king as well as God. James was paranoid and he had a genuine fear for his life. The failure of the Gunpowder Plot made this paranoia even worse and so he encouraged even more witch hunts.

The English Civil War 1642

The Civil War began in 1642 & led to massive change in people’s lives. The chaos of war with the death and destruction it caused, resulted in many more people believing in the idea of the supernatural, a punishment from God and witchcraft.

The Trials for Witchcraft

Those accused would be tested to see if they were guilty. The main tests at this time included the ‘swimming test’ or searching the body for a Devil’s Mark (usually a just birth mark or wart). This was seen as enough ‘evidence’ to prove a person was guilty. It was often carried out in ways that would make the accused witch fail the test.

Monarchs & Laws

There was great poverty during this time which increased the tension between people in small communities. Disasters such as a poor harvests, flooding or the death of livestock was often blamed on evil spirits and sin – this included the acts of witchcraft. Without the knowledge of science, witchcraft was blamed for bad luck & poverty.

CASE STUDY: Witchcraft

Lesson 13

Early Modern England

CASE STUDY: Witchcraft

Lesson 13

Early Modern England

CASE STUDY: Witchcraft

Lesson 13

Early Modern England

As well as the monarchs, there was another key individual who influenced the belief in witchcraft, especially in the south-east of England where his activities took place - Matthew Hopkins. Hopkins was previously a lawyer and so knew how he could use the law to his advantage. From 1645, right at the moment people were facing the chaos of the English Civil War, he set upon hunting down ‘witches’ in the east of England. He even gave himself the title the ‘Witchfinder General’.

Hopkins became employed as a Justice of the Peace (JP) in Essex . JPs had to seek out anyone who was seen as religious threat or refused to follow the rules of the Protestant Church. This meant that the JPs had the responsibility to find witches and bring them to trial. The role gave him a significant financial reward. For example, a local magistrate would pay the same as an average monthly wage for each accused witch he was brought.

• Matthew Hopkins died in 1647. His death helped calm the witch craze. By the 1700s, there was a period known as The Enlightenment. This was started by the wealthy and well educated who became interested in a range of subjects such as astronomy, medicine, physics, and maths. These people came together to ask questions about the world and seek ‘real’ evidence to explain why things happened. In London, a famous organisation was established called The Royal Society and this was even supported by King Charles II. This was an important turning point as it meant older theories based on religion and traditions gave way to more modern scientific ideas. This had an impact in courts where judges now demanded better evidence in any trials. This led to more wealthy groups no longer believing in witches.
• In 1735, King George II introduced a new Witchcraft Act. This stated by law that ‘witches’ were nothing more than tricksters. It also abolished the death penalty for witchcraft.
• However, it’s important to note that for many poorer communities, their attitudes were much slower to change as their beliefs were so deep rooted.

Matthew Hopkins’s Background

The use of Witch Trials and Interrogation

• Hopkins’ witch hunts in the east of England, were the most widespread mass executions for witchcraft in English history. His actions with his assistant John Sterne led to an estimated 300 people being investigated for witchcraft with 112 executed by hanging.
• Hopkins’s activities helped contribute to a mass fear and panic about the existence of witches. He capitalised (made the most of) the fears that already existed and intentionally made them worse for his own advantage.
• Hopkins carried out his witch-hunts during the English Civil War. There was very little law and order which meant some communities took matters into their own hands to deal with their problems and called upon Hopkins for his help. This also made it easier for a person to accuse another of witchcraft.
• Up to 1,000 people were executed for witchcraft between 1542 – 1736. The most common form of execution was death by hanging. It is a myth that in England witches were burned – however, this did happen in other countries. Minor witchcraft offenses might also be punished with a day in the stocks or pillory. However, the public punishments still increased the fear in witchcraft.
• The most well known method of judging guilt was the ‘swimming test’ – however, Hopkins never used this method. The guilty would float as if the water had rejected them and the innocent would sink to the bottom – accepted by the blessed water. However, it was public enough to put the fear of witchcraft into others in a local area.

• 90% of accusations of were against women. Women had restricted lives and limited power. In law, they were viewed as ‘property’ of their father and then their husband. Women who did not fit into what society expected them to do were seen with suspicion. For example, a woman who did not marry or a woman who lived alone.
• Many women accused of witchcraft were local ‘wise women’. These were women who the local village communities would go to get advice about medicine, health and childbirth. The Poor who could not afford doctors relied on wise women who they believed had the power to heal. The authorities disliked wise women having so much respect and so they naturally attracted the attention of the witch hunters.
• It was believed that women were the weaker sex. This meant they were far more likely to be tempted into evil and taken over the Devil.

• Hopkins used a range of interrogation methods to make sure he got a confession. He restricted the amount of food given to a suspect and used sleep deprivation to make suspects tired and confused.
• During the interrogations, he would look for physical ‘evidence’ of witchcraft. The suspect would be humiliated and asked to strip naked while Hopkins looked for a ‘mark of the Devil’ from which a witches' familiar would suckle blood. A mole, birthmark, or any unusual marks on the body could be used as evidence that a person was guilty of witchcraft.
• ‘Bodkins’ were also used. This was a fake knife with a retractable blade. When it was pushed into the skin, the suspect would not bleed and this too was seen as evidence the person had magical, evil powers.

Why did the Belief in Witchcraft Decline towards the 1700s?

Women and Witchcraft

How Hopkin’s Spread Fear

CASE STUDY: The Role of Matthew Hopkins

Lesson 14

Early Modern England

CASE STUDY: The Role of Matthew Hopkins

Lesson 14

Early Modern England

Unit 2 Recap