Syllabus Edition
First teaching 2024
First exams 2026
Punishments in Early Modern England (Edexcel GCSE History)
Revision Note
Written by: Natasha Smith
Reviewed by: Bridgette Barrett
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
Treason
The Gunpowder Plotters were hung, drawn and quartered for treason
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
The number of capital offences
Year | Number of capital offences |
|---|---|
1688 | 50 |
1765 | 160 |
1815 | 225 |
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
The reasons for the introduction of the ‘Bloody Code’
Reason | Explanation |
|---|---|
Fear | Crimes were publicised through pamphlets and public executions. In addition, speeches made by those sentenced to death were often published. All of this heightened the public’s fears. It gave people the impression that crime was rapidly rising |
Urbanisation | The growth of towns and cities meant that people no longer knew all their neighbours. Medieval law enforcement methods, like the hue and cry and parish constables, became less effective as a result. Equally, busy streets made it easy for criminals to avoid being seen or caught |
Traditional views | Many maintained the medieval view that only harsh punishments could deter criminals and reduce crime overall |
Landowners’ views | The government was made up of wealthy landowners. They saw poor and homeless people as a source of plague and criminality. They perceived the growing number of people in poverty as a threat to their property and privileges. They passed the laws making up the ‘Bloody Code’ as a way to keep poor people in their place |
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’
The aims of transportation as a method of punishment
Worked Example
Explain one way that methods of punishment changed from the medieval to the early modern period
4 marks
Answers:
The introduction of the ‘Bloody Code ’ changed punishments from the medieval to the early modern period (1). The 'Bloody Code' greatly increased the number of capital offences as it introduced a harsher punishment for minor crimes (1). By 1688, there were 50 capital offences (1). Under the 'Bloody Code', capital offences were given for poaching rabbits and stealing bread (1).
Examiner Tips and Tricks
When answering a question on punishment, remember to give examples of specific crimes that were punished using the methods you talk about in your answer.
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