Punishment in Early Modern England

This section explains punishment methods and techniques used in early modern England (c.1500 – c.1700). In early modern England, the methods of punishment reflected the desire to maintain law and order in a society that was undergoing significant change. The period saw both continuity in traditional punishments and the introduction of new forms of punishment, many of which were intended to humiliate offenders, provide retribution, deter others from committing crimes, or remove criminals from society altogether. Although the use of punishment remained deeply rooted in historical traditions dating back to the Anglo-Saxon period, the growing population, economic conditions, and social changes led to the development of new methods of criminal justice.

Continuity in Punishments

Many of the punishments from medieval England persisted into the early modern period, reflecting the continuity in attitudes towards crime and punishment. These punishments were designed to uphold social order and act as deterrents:

• Fines: Fines continued to be one of the most common forms of punishment for a wide range of offences, including minor infractions such as swearing, gambling, and failure to attend church. Fines were seen not only as a form of financial retribution but also as a deterrent, as they imposed a financial burden on offenders while sending a message to others about the consequences of breaking the law.
• Stocks and Pillory: The use of the stocks and pillory remained widespread as a means of public humiliation. Offenders were placed in these devices in a public space where they could be subjected to ridicule and abuse. Those punished in this way included individuals who had committed crimes such as cheating at games, persistent swearing, selling underweight bread, or being repeatedly drunk in public. The crowd, which often had a role in the punishment, would frequently throw rotten food or even stones at the offender, adding to their public shame.
• Corporal Punishment: Corporal punishment, particularly public whipping, was still commonly used in early modern England. Whipping was a highly visible and humiliating form of punishment, often employed for petty criminals such as vagrants or those convicted of theft. The aim was to cause physical pain and to publicly mark the offender as someone who had transgressed against the law. Whipping also served as a clear deterrent to others.
• Death Penalty: The death penalty continued to be used for the most serious crimes. These included murder, treason, poaching, smuggling, witchcraft, and arson. The most brutal of these executions was burning at the stake, which was still used for the crime of heresy, particularly during the reign of Mary I. The public spectacle of executions was intended to act as a powerful deterrent, reinforcing the seriousness of certain crimes.
• Prisons: Prisons were primarily used to detain offenders awaiting trial or those who could not pay off their debts. They were not typically a form of punishment in themselves, but rather a holding place for those whose cases had yet to be resolved. Prison conditions were often poor, and the buildings used were usually parts of castles, gatehouses, or other secure locations. Prisons did not serve as long-term punitive institutions but were often used for short-term confinement.

Changes in Punishments

While many punishments remained unchanged, the early modern period also saw the introduction of new forms of punishment, especially as social and economic conditions in towns changed and the state sought new ways to deal with crime:

• Houses of Correction: The late 16th century saw the rise of houses of correction, which were designed to punish vagrants and repeat offenders through hard labour and corporal punishment. The first such institution, Bridewell Palace in London, was established in 1556 and became a model for other houses of correction across the country. These institutions were designed to reform offenders by forcing them to work, often under harsh conditions. Bridewells were notorious for their poor living conditions, where inmates were expected to pay for their own upkeep. These houses of correction were intended not only to punish but also to “correct” the behaviour of the poor, homeless, or those found guilty of minor crimes.
• Carting: Another form of punishment that emerged during the early modern period was carting, which was used for offences such as vagrancy and adultery. Offenders were tied to a cart and dragged through the streets, often in front of a jeering crowd, as a means of public humiliation and deterrence. This punishment was intended to disgrace the offender and send a clear message to others about the consequences of similar actions.
• Transportation: From the 1660s onwards, transportation became a popular punishment, particularly for those convicted of serious crimes such as murder. Offenders were sent to colonies in the Americas, where they would be forced to work to help build the new settlements. This form of punishment had multiple purposes: it removed criminals from society, acted as a deterrent to potential offenders, and provided a source of cheap labour for the colonies. Transportation was seen as an effective way to deal with criminals in the absence of formal prisons. By 1718, vagrant children were also being sent to the colonies, particularly in the context of the growing concern over the potential for the homeless poor to contribute to crime and disease. Although transportation seemed like a solution, the conditions on the ships were often appalling, and many of the transported convicts died before reaching their destinations.
• The Bloody Code: In 1688, the Bloody Code was introduced, greatly increasing the number of capital crimes—those punishable by death. This code added crimes such as stealing from a rabbit or fish poaching, which might seem trivial today, but were considered serious enough to warrant the death penalty at the time. The number of capital offences continued to rise through the 18th century, reaching 225 by 1815. This increase in the number of capital crimes was intended to act as a deterrent, though it also led to debates about the fairness and effectiveness of such extreme punishments.

Conclusion

The punishments used in early modern England were a mixture of traditional methods and new approaches designed to reflect the social, economic, and political changes of the time. While many of the older methods, such as fines, corporal punishment, and public humiliation, remained in use, new forms of punishment emerged, particularly in response to growing urbanisation and social unrest. The development of houses of correction, transportation, and the implementation of the Bloody Code marked a shift towards more structured and, in some cases, more brutal forms of punishment. Despite these changes, the underlying goals of punishment in early modern England—deterrence, retribution, humiliation, and social order—remained largely the same.