Punishments in Early Modern England (Edexcel GCSE History)

Punishments in Early Modern England – Timeline & Summary

The aims of punishment in early modern England were the same as in medieval England. This meant that medieval punishment methods largely continued. Humiliation also remained important. This is clear from the continued use of punishments like the stocks and pillory.

Corporal punishment was still used for minor crimes. Early modern urbanisation led to an increase in the crime of vagabondage. This was also subject to corporal punishment.

Crimes against authority, among others, continued to be punished with capital punishment. Poaching, smuggling and witchcraft all became more serious crimes. Because of this, they were met with equally serious and lethal punishments. In 1688, the ‘Bloody Code’ was introduced. This made even minor crimes punishable by death.

Transportation to new colonies in North America began in the 17th century. People believed it fulfilled the aims of punishment: protection, retribution and deterrence.

Continuity of Corporal and Capital Punishment Methods in Early Modern England

Corporal punishment methods

• Corporal punishment continued to be used to punish a range of crimes, including

  • Petty theft

    • Many repeat offenders were still punished with maiming

  • Public disorder

    • This continued to be punished with flogging

  • Vagabondage

    • A series of vagrancy acts determined the punishment for this crime

    • Vagabonds were generally punished with the stocks, branding and whipping

    • Some vagabonds were also sent back to where they came from, put into houses of correction or sold into slavery 

Capital punishment methods

• Capital punishment continued to be used to punish the most serious crimes, including

  • Arson

  • Murder

  • Poaching

  • Smuggling

  • Treason

    • The Gunpowder Plotters were hung, drawn and quartered for treason

  • Witchcraft

Other punishment methods

• Many other punishments from medieval England continued to be used:

  • Fines

    • Remained the most common punishment

    • Used for minor offences

    • These included gambling, swearing or failing to attend church

  • Carting

    • Punished those convicted of vagabondage and adultery 

  • Stocks and pillory

    • Continued to be used for less serious crimes 

    • These included cheating at games, persistent swearing, selling underweight bread and repeated drunkenness

    • Crowds showed their disapproval by throwing things at offenders, like rotten food or stones

  • Ducking stools

    • Used for women who argued with their husbands or swore in public

  • Prisons

    • Usually secure rooms in a local castle or gatehouse

    • Continued to house offenders awaiting trial or people who had failed to pay off a debt

    • Rarely used as a punishment on their own

• There was also a new form of punishment: 

  • Houses of correction 

    • Built in urban areas

    • Housed criminals who were poor and children who were homeless or orphaned

    • Punished vagabonds and repeat offenders with hard labour and whipping

    • Conditions were very poor

    • Those staying there had to pay for their own living costs

    • By the 17th century, similar houses known as bridewells began to spread across the country

Change in Punishments: The Bloody Code

• In the late 17th century, the ‘Bloody Code’ was introduced

• This increased the number of capital offences

• It included crimes that seem minor by today’s standards, like

  • Poaching rabbits

  • Stealing bread

• The number of capital offences continued to grow until the 19th century

Table of the number of capital offences

• The ‘Bloody Code’ was introduced at a time when people saw rising crime as a big problem

• In reality, crime rates were actually falling around this time

Table of reasons for the introduction of the ‘Bloody Code’

Change in Punishments: Transportation to American colonies

• Transportation started to be used as a punishment during James I’s reign

• Those convicted of crimes were sent on ships to the new colonies of North America

  • Here, they did manual work by helping to build settlements

  • Working conditions were very harsh

• Sentences were either seven or 14 years

  • Once their sentence was over, many could not afford to return to England

• Between 50,000 and 80,000 people were transported to North America, including 

  • Men

  • Women 

  • Children

    • Transported vagabond children became known as ‘duty boys’