smuggling is bringing goods into
a country illegally without paying the
necessary import tax on them.
it began because increased taxes from the government to get money for wars and expenses eg custom duties
(as was no income tax) meant people became involved in smuggling. it was a quick and exciting way to
make money and you could earn 6/7x daily wage of labour
it happened alot during the 1700's, mainly at night to prevent being seen.
they were not easy to catch as they often worked at night under the cover of dark. they could also evade the law by disguising crimes as everyday activities eg
pretending to be sheep farmers not wool smugglers. the relative newness of overseas transportation meant lots of ports were left unmonitored and so smugglers
weren't caught.
under the Bloody Code, smuggling was a capital offence usually punished by public hanging.
punishments did not really deter criminals because they were disproportionate and inconsistent
and many smugglers just wanted to succed. this desperation included killing pursuers.
smuggling was also reduced by customs men as well as punishments. they were initially employed only to collect
taxes, but soon they began enforcing book rates. official ports were also made which were the only areas of
coastline goods could be landed. at each, two custom officials collected customs dues and made it harder to smuggle
goods successfully as overseas transactions were overseen
however smuggling was never completely eradicated as smugglers are always coming up with new techniques, often ahead of the developments in security. this along with the
fact that smugglers are always willing to take risks means that it is hard to identify all illegal produce that may be crossing the borders of a country and so the crime still exists today
REAL LIFE EXAMPLE is the Hadleigh Gnag which had over 100 members each with 2 horses which meant they had a large force. this
is shown to have prevented them being stopped because records of their activities were made but nothing done to stop them.
Frequently clashed with forces working agaisnt them but biggest was in 1735 when they fought to recovery captured cargo. the store house had
been discovered and the cargo removed by military and customs authorities. however, after a battle, the gang got their cargo back.
17 smugglers were hung for firing pistols in battle and leader, John Harvey, was sent to Newgate prison and then transported for 7 years.
2- POACHERS
poaching is an illegal practice of trespassing on land without the
landowner's permission to hunt and steal game/animals.
was considered to be a social crime because it was considered socially
acceptably even though it was illegal. this may be because poor people
hunted for animals when they could not afford to buy meat.
was a crime against property as would be taking the animals from someone else and off their land.
MOTIVES = need for food and money (could eat/sell animals they killed)
cause of poaching was that the common land in england was shared and initially where people could hunt to
make up for the lack of food they could afford. however, poaching was made illegal as the number of
wealthy landowners increased and theywanted to stop people hunting on their land. even though there was a
law against poaching people still did it because they could not afford to buy meat. land owners employed
gamekeepers to try and stop them but people began to hunt in groups as it was easier to get away with.
most commonly comitted in countryside as that was where there was most land to hunt on,
where the animals lived and where the large estates owned by rich landowners were
most common in the mid-19th century despite there being laws against it
first LAW against poaching was put in place in the 14th century and then many
other laws were introduced over time. in 1671, it was made illegal to hunt many
animals including hares, deer, fish, pheasants and ducks.
1723 Black Act made poaching an offence that could be punishable by execution (hanging)
alternative punishments to hanging included fines, trabnsportation and going to prison
didn't really deter people and so poaching continued and the highest number of
poachers was in the mid 19th century, not long after the main law had been put it place.
criminals were hard to catch as they often hunted in gangs and could hide in the land, but gamekeepers
often had successes in catching criminals. this struggle to catch criminals made conviction hard as if you
couldn't catch them, you couldn't convict them
REAL LIFE EXAMPLE is Geoffrey
Sewale who was a poacher in the
years around 1450 and caught
ferrets and rabbits which he then
sold.
another is the Walberswick men and the 'Canons' who would either hunt rabbits or take them from their warrens.
poaching decreased possibly
because of a reduction in game
(especially rabbits) available to
hunt as there were so many
poachers around.however, it was
never fully eradicated as there was
always poor people who needed
food regardless of laws against the
action.
3- HIGHWAYMEN
a highwayman was a thief and
brigand who preyed on travellers,
usually travelled by horse and
robbed those passing by in
coaches. they were outlaws
REAL LIFE EXAMPLE was Dick Turpin and his horse Black Bess
if highwaymen were caught, they were punished under THE BLOODY
CODE which meant death. Having execution as a punishment did work
as there was a decline in the amount of highway robberies.
another reason the number of highway robberies fell was better policing and guards being put on coaches for
security. also, as banks grew, travellers carried less money and so robbing them was less worthwhile. land was being
built on and so more houses were built in the countryside so it was harder for a robbery to go unnoticed and harder
to be conducted due to new modes of transport that developed.
however, it was hard to catch and convict the criminals who did carry out robberies as they had horses on which they could quickly escape and good knowledge of their surroundings.
mounted patrols were used in the london area from 1805
Highway robberies were most common in the 17th and 18th century
some of the factors that led people to becoming involved was that there were areas that were
quiet and had sparse populations but still had roads which meant it was easy for highwaymen
to get away with crimes. there was also many places they could hide. there was a growth in
roads in the 18th century and few banks so most travellers carried money with them
overview of the new crimes
challenged authority = 1,2,3
posed a threat to safety = 2
(partially 1,2) local people likely to
get involved in = 1,2 benefitted
local community = 1,2 hard to stop
= 1,2,3 totally eradicated=
(partially 3) common decreasing
factors = laws/policing (officials)
common causation factors =
poverty and want/need for money
JOHNATHON WILD
came to london as a servant but was sent to prison in 1710 for debt. he learnt from prisoners
when he was released he became a city official and pledged to track down and arrest criminals
at same time he paid thieves to burgle house and bring him details of loot
Wild then visited houses and told them he could get their
belongings back for a fee. he was trusted because of his official
position and never handled the stolen goods so could not be
charged with recieving stolen property
1716 became known as thieftaker general after using informers to
break up gangs of footpads and burguars and arresting a number of
highwaymen
allowed wild to increase power over london's criminals
and take control of remaining gangs who robbed under
his orders. he still seemed a respectable official.
1724 wild captured Jack Sheppard a famous house breaker. he
escaped four times, once through six bolted doors.
Sheppard became popular hero for his escapes but was caught
by wild every time. he was executed and wild's popularity fell
wild was eventually trapped by authorities on a charge of receiving stolen property. the usual
punishment was transportation but he was hung in 1725
after his death there was a surge in robberies and other crime
at the time of Johnathon Wild there was no police force abnd it was very easy to get away with crime. there
was great opposition to a professional paid police force because;
many people feared a police force would END THEIR FREEDOM and that the government would use it to stamp out political opposition
many FEARED THE EXPENSE and so preferred thief-takers and constables
even though they were clearly unable to deal with the amount of crime
others didn't see the need for a police force as they didn't think it would work. they thought it was better to tackle crime by MAKING PUNISHMENTS EVEN BLOODIER. criminals were not afraid of constables so they had to be afraid of punsihment
what does the story of JW show was good/bad about policing methods after 1450
Good
he was able to be captured and sent to prison
him becoming a city official was good
because his time in prison had taught
him how criminals operated and he had
learnt from them so was better equipped
to stop them
his authority and knowledge
meant he could stop burglars
and highwaymen amoungst
other criminals
the fact criminals were caught by wild shows this
type of policing was effective and so beneficial to
the public
wild was able to capture sheppard repeatedly
and then have him executed
wild was punished for his crimes which shows,
no matter who the criminal was, punishments
were consistent and crimes could be discovered.
Bad
burglaries could easily take
place shown by the fact wild
paid people to carry them out
he lied to victims of organised theft which shows
policing was not honest and truthful
police officials such as wild abused their positions in order to carry out
crime and gain eg in property
captured criminals eg sheppard were able to escape
showing police couldn't keep people locked up
the fact wild got away with his illegal practises for so
long shows how many crimes went undeteceted and
unprevented
without wild, policing failed to stop theft and
robberies showing its weakness at the loss of one
offiicial
how effective was law enforcement in this period?
POLICING
HUE AND CRY = if it was
raised people were expected to
come out and search for and
try to catch criminal. local
constable led hue and cry and
local posse comitatus could
be called on to help search for
criminals
CONSTABLES = still the main defence
against crime. two men chosen from
wealthier citizens of towns and villages to
be constables for a year at a time. dealt
mostly with everyday matters eg begging
without a licence, breaking sunday laws.
also inflicted some punishments eg
whipping of vagabonds. took charge of
suspects and made sure they were in prison
until their trial.
WATCHMEN AND SERGEANTS =
watchmen employed in larger towns to
patrol streets day and night. poorly paid
and of little use. meant to arrest drunks
and vagabonds and could peer through
windows to check laws weren't being
broken. in towns, sergeants were
employed to enforce market regulations
by weighing goods and collecting fines
CITIZENS = expected to deal with crimes
themselves eg if robbed had to get an
arrest warrant from a magistrate, track down
and deliver the criminal to the constable.
REWARDS = were
offered for arrest of
certain criminal eg if
arrested a highwayman
got £40 (years income
for middle class family)
THIEF-TAKERS = made their
living tracking down criminals
and collecting rewards. often
former criminals who set up
innocent victims, tricking them
into crime for rewards.
ARMY = was used to put down protests, riots, capture gangs particularly of violent
smugglers. use of army in dealing with protests was unpopular as seemed gov was
overpowering people and ignoring concerns
TRIALS
COURTS = variety of courts. royal judges visited
counties to hear serious cases in assizes. JP's (aka
magistrates) mainstay of court system and held
quarter sessions 4x a year. church courts dealt with
churchmen and anyone could claim benefit of clergy.
maor courts dealt with local minor crimes eg selling
underweight bread, failing to mend roads,
drunkeness of fathering an illegitimate child.
HABEAS CORPUS = meaning you have the body. the
Habeas Corpus Act was passed by parliamnt in 1679 and
stopped authorities keeping a person in prison indefinitely
without charging them. anyone arrested had to appear in
court within a certain time or released. the act allowed
people to criticise the king a monarch without fear of being
arrested and locked up forever without trial. it didnt stop
governments manufacturing evidence at trials to keep
critics quiet.
BENEFIT OF CLERGY = still possible for accused peopl to claim
this and be tried ina church court. but as so many people could read
by 1600s the law changed it so people accused of serious crimes
could not claim benefit of clergy
LAWYERS = from 1720s lawyers were used more often to
prosecute cases but not regularly. the development of prosecuting
lawyers led, from the 1730s, to the appearance of defence lawyers.
until then, accused people had not had defence lawyers as it was
thought an innocent person did not need one to create ancy clever
excuses. lawyers were only used in the highest courts.
JURIES = in early 1600's, juries dealt with numerous cases at a time rather than giving verdicts on individual
cases. by early 1700's juries were deciding one case at a time as it was thought this would give fairer verdicts
SPEED OF CASES = each case took 10-15 mins at the most
why did singing, drinking and celebrating Christmas become crimes in the 7th century?
in the middle of the 16th century, there were rapid changes in religion in
the middle of the sixteenth century, which came to and end only when
Elizabeth I decided that the church of England should be moderate. This
pleased most people but angered the puritans who were extreme
protestants and thought that the church under Elizabeth was too
catholic. Elizabeth's church lay between puritans and catholics.
After Elizabeth's death in 1603, the puritans
grew inpower and controlled parliament by
the 1640's and 50's. they believed that
everyone should live according to the bible,
that Sundays should only be used for
worship and were anxious to control people's
behaviour from sending them to hell.
during the period that they
controlled parliament, they
challenged people to follow a
strict puritan lifestyle by; 1)
strictly enforcing existing laws
on swearing and drunkenness
2) introducing new laws to
supress horse-racing,
cock-fighting and bear-baiting
3) closed brothels and reduced
the number of alehouses 4)
banned sport and games on
sundays including walking
(except for to church)
laws introduced by the puritans include
1642=theaters in London closed
1644=May Day celebrations forbidden
1647=illegal to celebrate christmas,
easter and witsun 1650=adultery
punishable by death 1650=anyone
caught swearing was punished
1653=weddings in churches were
banned 1657=law against weddings
repealed 1657=betting and music in
taverns and alehouses was made
illegal
these laws had impacts that were mixed. it was wuite easy to
keep churches closed by using soldierrs, but much harder to
stop people singing carols, having private services of feasting
in there homes. indeed in 1654 the christmas celebrations went
on for a week even though they were illegal. as well as this,
shopkeepers didn't open their shops on christmas day although
they were meant to as it was a 'normal day'
the puritans made many customs and traditions illegal as they believed they went
against the bible. as well as banning celebrating christmas etc., they also
introduced a new non-religious holiday on the second tuesday of every month
they banned christmas and easter as they didnt
believe they were true christian festivals. they said
they had originally been pagan festivals before the
time of jesus and had simply been taken over by the
church and so believed anyone celebrating them
would go to hell.
NEW CRIMES CONNECTED TO RELIGION
there was another civil war in england in the 17th C (1600s), at the
end of which the people got rid of the king (charles I). the country was
then run by parliament which was made up of mostly puritans (strict
christians). they thought they should stop activities to protect people's
souls and prevent them going to hell. oliver cromwell was the leader of
parliament and the puritans and was particularly fond of this idea.
crimes included dancing, listening to music,
chewing gum, not attending church, burping,
swearing, telling tales, lying, rioting, spitting,
being drunk or shopping/selling on a thursday
we cant make rules like the puritans did now because we have a
multicultural society with numerous races and beliefs, it is unreasonable to
impose personal beliefs on others and religion cant be used to make laws.
puritans regarded these as works of the dark.
they also drew up a list of works of the light
such as praying, reading and helping the poor
Women, crime and punishment
most crimes of this period, as was typical of mos historical times, were comitted by
men. women were only involved in 15-20% of crimes. most of these crimes were minor
eg petty theft, not attending church or having an illegitimate child. if they committed
major crimes, they usually had male accomplices. some however, achieved notoriety.
Mary Young pretended to be called Jenny Diver and invented the 'pregnant
pickpocket' where she had a stomach and false hands made and then stole
out of people's pockets in church. she was sentenced to transportation but
returned to england and was caught and executed in 1740.
Mary Blandy was
executed in oxford for
murder
Mary Frith aka Moll Cutpurse was a london thief and
gang leader in the early 1600's and was not typical of a
women who appeared before the courts.
women were punished more harshly than
men and there was different punishments
for men and women. men expected women
to behave respectably and obediently and
so punished them more harshly for
committing crime contrary to this image
in 1633 a husband and wife were accused of
drunkenness and only the women was sent to the
stocks. women were more likely to be punished for
adultery than men (maybe because it could result it
the village having to pay for the upkeep of an
illegitimate child). cucking or ducking stool was
used to punish women for brawling or arguing in
public but there was no similar punishment for
men. women convicted of murder of their husband
was not just hanged; they were burned to deathh
as a sign that it was the worst kind of murder as it
was 'treason' against the 'ruler' of the household.
women and the courts
they could not be JPs
constables, lawyers, court
clerks or members of normal
juries.
they could give evidence as witnesses
and bring cases to court as a victim of
crime
if a women facing the death
penalty claimed she was
pregnant then a special jury of
married women was created.