C1500–c1700: Crime and punishment in early modern England - 2 The nature…

The idea

Punishment in the early modern period was characterised by harsh public spectacles designed for deterrence. Corporal punishment (like the pillory or whipping) and capital punishment (hanging) continued as primary methods for dealing with offenders. However, this era introduced transportation, beginning under James I, where criminals were sent to the American colonies to perform hard labour, offering an alternative to execution while removing the offender from society. The late seventeenth century also saw the start of the 'Bloody Code', a legal system that drastically increased the number of crimes punishable by death, including minor property offences.

What earns the marks

• Identify the continued reliance on public corporal punishment, such as the stocks and pillory, for minor offences and capital punishment for serious crimes.
• Explain the introduction of transportation to North America as a new punishment that provided a deterrent, removed criminals, and supplied colonial labour.
• Describe the origins of the Bloody Code in the late seventeenth century, noting the increase in capital offences for minor property crimes.
• Analyse the underlying purpose of these punishments, focusing on retribution and public deterrence in the absence of a professional police force.

Common mistakes and how to put them right

• Confusing the destination of early transportation.

  Put it right: Criminals in this period were sent to North America, not Australia, which only began in the late eighteenth century.

• Assuming the Bloody Code was fully formed by 1700.

  Put it right: It started in the late seventeenth century but the number of capital crimes peaked later in the eighteenth century.

• Believing that transportation was a soft punishment.

  Put it right: It actually involved a dangerous voyage and years of gruelling forced labour, often resulting in death.

Exam tips

• Clearly distinguish between corporal punishment, which involves inflicting physical pain, and capital punishment, which is execution.
• When discussing transportation, mention its dual purpose: punishing the criminal and providing a workforce for the new American colonies.
• Link the start of the Bloody Code to the authorities' fear of rising crime rates and the protection of wealthy landowners' property.