Common Crimes

This section explains Crimes Against the Person and Property in Britain, c.1700 - c.1900. Between 1700 and 1900, various crimes against both individuals and property remained significant concerns for authorities in Britain. These crimes not only disrupted everyday life but also had a direct impact on the economy, social structures, and power dynamics of the time. Among the most prevalent offences were poaching, smuggling, and highway robbery. These crimes particularly affected trade, the livelihoods of landowners, and the enforcement of laws in rapidly growing urban and rural areas. While some crimes, like murder and petty theft, continued unchanged, the period saw both continuity and change in the nature of crime and punishment.

Common Crimes

Throughout the 18th and 19th centuries, a variety of crimes persisted, including serious crimes such as murder and robbery, as well as less severe offences like petty theft, poaching, and smuggling. These crimes remained embedded in society, with certain social factors influencing their prevalence.

Poaching

Poaching, the illegal hunting of game on land where one did not have permission to hunt, was a crime that became a major focus of legislation in the early 18th century. In 1723, the Black Act was introduced as a response to widespread poaching activities. This law made the act of hunting deer, hares, or rabbits on private land a serious crime punishable by death. The law also criminalised actions like wearing a mask (or blackening one’s face) to conceal one’s identity, carrying traps or snares, and owning dogs that could be used for hunting.

One famous incident involving poaching was the raid by the Waltham Blacks, a gang of poachers from Hampshire, who stole the Bishop’s deer and seized a shipment of the King’s wine. The leaders of the gang were arrested and executed as a result of their actions.

Despite the harshness of the laws, poaching was often seen as a social crime. Many viewed poachers as poor individuals simply trying to feed themselves or their families, rather than hardened criminals. Furthermore, the laws were perceived as favouring the wealthy landowners who sought to protect their game reserves. The death penalty for poaching was seen as too extreme, and this led to widespread unpopularity. As a result, the Black Act was eventually repealed in 1823, and while poaching remained a crime, it was no longer punishable by death.

Smuggling

Smuggling remained a widespread and popular crime, particularly in coastal areas. It involved the illegal importation of goods such as tea, cloth, wine, and alcohol without paying customs duties. This practice was particularly prevalent along the south coast, where smugglers would bring goods into Britain to sell them at a lower price, benefiting both the smugglers and consumers. The British government, however, relied heavily on customs duties for revenue, and smuggling was seen as a significant threat to the economy.

The punishment for smuggling was severe, with those caught facing the death penalty. One of the most infamous smuggling gangs was the Hawkhurst Gang, who operated in the mid-18th century. In 1747, they broke into the customs house in Poole, seizing back smuggled goods such as tea, rum, and coffee. A year later, the leaders of the gang, Arthur Gray and Thomas Kingsmill, were executed for their crimes.

By the mid-1700s, it was estimated that around 20,000 smugglers were operating across Britain. Smuggling was hard to prevent due to several factors:

• Ordinary people often ignored the crime because they benefitted from cheaper goods.
• Smugglers were seen by many as heroes, standing up against the authorities.
• Locals, particularly in coastal areas, frequently collaborated with smuggling gangs, hiding cargo and maintaining boats.
• The unpoliced coastline made it easy for smugglers to evade detection, especially at night.
• Smuggling gangs were often well-organised and used violence to maintain their operations.
• There were too few customs officers to effectively enforce the law.

Emergence of New Crimes

Alongside these longstanding crimes, new crimes began to emerge or become more prevalent due to technological and social changes. Highway robbery is one such example, which became more prominent with the growth of road networks and the introduction of stagecoaches.

Highway Robbery

Although highway robbery was not a new crime, it became increasingly common during the 18th century, particularly in areas surrounding London. Highway robbers targeted travellers on horseback, often attacking stagecoaches as they made their way between towns and cities. Robbers would wait for coaches to slow down or stop at staging posts, where they would pounce on passengers and steal their money and valuables. The crime was particularly frequent on the roads around London, and those involved were known for their ruthlessness and violence.

Several factors contributed to the rise of highway robbery:

• The increasing availability of handguns, which were easier to obtain during this period.
• The relatively low cost of purchasing horses, allowing criminals to operate more easily.
• The lack of a formal police force meant that criminals could commit crimes without the risk of being easily apprehended.
• Many ex-soldiers returning from war, struggling to find work, turned to crime to survive.

However, highway robbery began to decline in the early 19th century, thanks to several developments:

• Improved road surfaces allowed stagecoaches to travel more quickly, making it harder for robbers to catch up with their targets.
• Mounted patrols were introduced along major roads, offering travellers greater protection.
• The development of banking systems meant that travellers no longer had to carry large sums of money with them, making them less attractive targets.

By 1831, highway robbery had virtually disappeared, and the last reported case occurred that year.

Notable Highwaymen

Several notorious highwaymen became infamous during this period. One of the most famous was Jack Shepherd, who became widely known for escaping from prison four times before he was hanged in 1724. Thousands of people gathered to witness his execution at the Tyburn Tree, a well-known site for hangings in London.

Another infamous figure was Dick Turpin, who became a legend of highway robbery. In 1739, Turpin was executed after being convicted of horse theft, but his exploits as a highwayman made him a popular figure in folklore.

Conclusion

The period from 1700 to 1900 saw both continuity and change in the types of crime that were committed in Britain. While crimes like poaching and smuggling remained significant, the rise of new crimes, such as highway robbery, reflected broader societal changes, including improvements in transportation and the evolving social and economic landscape. Despite attempts to curb these crimes through harsh laws and punishments, many of these offences persisted due to public attitudes, economic factors, and the lack of effective law enforcement until the development of a more organised police force later in the century.