| |
In the years after 1660 the number
of offences carrying the death penalty increased enormously,
from about 50, to 160 by 1750 and to 288 by 1815. You could
be hanged for stealing goods worth 5 shillings (25p), stealing
from a shipwreck, pilfering from a Naval Dockyard, damaging
Westminster Bridge, impersonating a Chelsea Pensioner or cutting
down a young tree. This series of laws was called (later)
"The Bloody Code."
Why was the Bloody Code passed? After the turmoil of the 17th
century, the landowning class emerged as supreme rulers of
Britain. They based their power on property-ownership, and
saw the law's main purpose as protecting property. They were
ruling a country of 6.5 million, most of whom had no political
rights whatsoever. The crime rate was not high, actually,
(see Gallery
Crime 1450-1700),
but they feared that it was, as towns grew in size and the
old village community crumbled. There was also no police force
(see Gallery Crime
Prevention 1450-1700). The Bloody
Code was therefore a threat: severe retribution would happen
to those thinking of breaking the law by infringing property
rights.
A great deal was made of hangings. They were held in public
and thousands turned out to watch, especially in London, at
Tyburn. The intention was clearly to act as a deterrent to
others to observe the laws -or else.
Yet, in fact, fewer people were hanged under the Bloody Code
than before it. Numbers of people hanged per year in London
and Devon:
| |
Early
17th century |
Early
18th century |
| London |
150 |
20 |
| Devon |
25 |
3 |
Offenders escaped the noose at many
points: sometimes the charge was reduced to below capital
levels (this could go to ridiculous lengths, as in the charge
"Stole £5 value 10 pence"). Juries were reluctant
to find people guilty. Judges let offenders off and offenders
sometimes agreed to join the army or navy instead. As a last
resort, petitions for mercy were often answered. The system
therefore held the death threat in readiness, but could show
mercy: either way, power of life or death lay with the powerful.
|