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Crime and punishment in Elizabethan age
Society in the Elizabethan era
Short summary of elizabethan age
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The word felon comes from the Saxon, or Old-English, language. The word is a compound of the words fell as in wrong-doing and one. So, when the world felon is broken apart, it can be translated to mean the evil or wicked one (Chapter XVII: Of Sundry Kinds of Punishment Appointed For Offenders). Felons are a common problem now and always have been. However, the way said criminals were treated was very different at the time of the Elizabethan Era, from 1558-1603. As Linda Alchin stated, Elizabethan England and Elizabethan Crime and Punishment- not a happy subject. Violent times,” (Alchin). During the Elizabethan Era, criminals were severely and brutally punished for even minor crimes such as theft and even as little as begging. During the time of Queen Elizabeth I rule, crimes and punishments were taken to a whole new level.
In the Elizabethan Era, many crimes were similar to today, but there were also some that have dissipated today. In the upper class, composed of the nobles, were mostly accused of crimes that involved religion and government. This included, but was not limited to: alchemy, high treason, blasphemy, and witchcraft. Alchemy is the magic power of turning things of little value into valuable items, closely related to witchcraft. On the other side of the social spectrum, lower class people usually committed crimes out of utter desperation. Commoners would often have to beg for food and money just to make it through. However, begging was taken very seriously at the time and a very punishable crime. Other punishable crimes could include adultery and being in debt to another individual (Law and Punishment- Travel Through Elizabethan England). Obviously common crimes like theft, murder, and assault were taken very serious...
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...ments. Through the public humiliation of hundreds of criminals, public squares became lively areas full of excitement and joy. Even if it did not effectively deter crime, the cruel and unusual punishments of the Elizabethan Era helped citizens keep occupied. When punishments were not deadly, they were still painful enough to strike fear into the citizens of England. Obviously, the Elizabethan Era was a very violent time in England.
Works Cited
Alchin, Linda. "Elizabethan Crime and Punishment." Elizabethan Crime and Punishment. N.p., n.d. Web. 07 Apr. 2014.
"Chapter XVII: Of Sundry Kinds Of Punishment Appointed For Offenders." Historion.net • History Online • Description of Elizabethan England, 1577 •. N.p., n.d. Web. 10 Apr. 2014.
"Law and Punishment - Travel Through Elizabethan England." Travel Through Elizabethan England. N.p., n.d. Web. 10 Apr. 2014.
Phelps, Brian. "Crime and Punishment in the Massachusetts Colonies." Crime and Punishment in the Massachusetts Colonies. PhelpsTek, n.d. Web. 23 Nov. 2013. .
Crimes was mostly committed by the lower class, the ones who were poor and unable to work. The working class however were not thieves because they are able to afford the necessities of life. Highwaymen, murder, and theft of property were all common crimes committed by males unlike females whose crimes were infanticide, prostitution, and theft. The Ordinary of Newgate’s Account describes how “William Spiggot was indicted for four several Robberies on the High-Way, and found Guilty, with Thomas Cross otherwise Phillips, and William Burrows” (Ordinary’s Account, 4). As described in the lectures those offences were considered crimes without qualification because they were crimes with victims. Social crime was considered a victimless crime, and has no capital punishment tied to it. Highwaymen were hanged for their crimes because they robbed on the King’s highway and that was considered a capital crime. Crimes committed by people like Ethrinton Wrathan who “was condemned…for breaking open the Warehouse of John Hide, Esq; and taking thence 1080 Yards of Sail-Cloth, value £90.” (Ordinary’s Account, 4) This offence was punishable by death due to the reason that any crime over a shilling was a capital crime. Crime was considered a bad path to go on due to the reason that it was easy to commit crime again once that path was
Today some people can get away with just about any small crime with no punishments, but in the Elizabethan era you'd think twice before committing a crime. For stealing fruit in the Elizabethan era you can lose your hand. Today you would get community service or some other small punishment. The punishment you were given had to do with the crime, your wealth, and who you were connected to.
Crime varied according to class. Because the Upper class consisted of wealthy and educated people, their crime would often be in political scheme and matters of religion. Common crimes of the Upper class included: blasphemy, rebellion, and witchcraft. Until Queen Elizabeth, no one could be killed for witchcraft because it was not a capital offense ("Elizabethan Crime and Punishment" 1). Crimes of treason and offenses against the state were treated with the same harshness has murder("Elizabethan Crime and Punishment" 1). The type of crime committed depended on the person who committed it. Crimes committed by Commoners were through pure desperation and poverty. Common crimes committed by them included: theft, begging, and adultery ("Elizabethan Crime and Punishment" 1). It became a crime to be poor when the government passed Poor Laws. These laws were passed because the Queen was worried that the large numbers of unemployed homeless people would bring a threat to law and order("Elizabethan Crime and Punishment" 1). Not all poor people were the problem, it was the ones who were armed and roamed around the streets begging and stealing. The Elizabethan Era was a period of disorderly society, where even the smallest crime was punished with sizable pain by way of torture, and sometimes
Theft, the act of stealing, larceny, was a common law offence, but there were a large number of statutes which legislated specific punishments for particular types of theft. Of the 16,424 cases of theft between 1714 and 1799 sixty six percent were simple grand larcenies, the most common type. Simple grand larceny was defined as "the theft of goods of the value of 1 shilling (12 pence = 1 Shilling.
In William Shakespeare’s "Romeo and Juliet", Prince Escalus exclaims at the end; "All are Punished." Is this true? Montague and Capulet have certainly committed a crime of upholding an ancient grudge that has claimed many lives. The Friars crime was to run away from a suiciding person and also to mastermind Romeo and Juliet’s wedding and plans to run away, which eventually lead to the death of Romeo and Juliet. Even the main characters, who are painted as innocent and saint-like, have committed crimes punishable by the law. We know that the main characters have committed the crime, but do they all serve the time. The paragraphs below explain if they do.
Before jails were even implemented in America, the colonists had quite a different approach to punishment that led to how jails came to be. The original outlook of criminals came from the Colonists religious belief that criminals were sinners who were workers of the devil. The Colonists felt they had to be protected from devil’s workforce and therefore criminals must have their name run into the ground, be cast out of the town, or in the most extreme cases be hung. Before the Colonists accepted institutions, they looked to public humiliation as a means of correcting the lesser criminals. The harsher punishments, such as death, were given to people who were believed to be beyond redemption. But, with growing populations due to industrialization of cities townspeople grew less and less known to one another. With less recognition between citizens the thought of public humiliation as a punishment was weakening as a threat. On top of that, people were beginning to grow weary that capital punishment may have been too barbaric and overall ineffective. Yet, the colonists were still not completely convinced to utilize jails. The hesitation was a result of the community feeling that most men were not salvageable and institutionalizing them would only be rewarding. Although, this conception began to unravel in the late 1600’s when the Pennsylvania Quakers came up with a plan that would eventually be accepted.
Many common crimes from the early Medieval period, known as the Dark Ages, included adultery, intentional murder, robbery and kidnapping. People were even punished harshly for trivial crimes such as stealing a loaf of bread. . This was considered a serious offence in this time period. These crimes were mainly executed people who had no job. So they resorted to these crimes to get
The principle of bail is basic to our system of justice and its practice as old as English law itself. When the administration of criminal justice was in its infancy, arrest for serious crime meant imprisonment without preliminary hearing and long periods of time could occur between apprehension and the arrival of the King's Justices to hold court. It was therefore a matter of utmost importance to a person under arrest to be able to obtain a provisional release from custody until his case was called. This was also the desideratum of the medieval sheriff, the representative of the Crown in criminal matters,
"Today's system, where imprisonment is a common penalty for most crimes, is a historical newcomer." Many crimes during 1718 and 1776 were punishable by death. This was usually done by hanging, sometimes by stoning, breaking on the rack and burning at the stake. Towards the end of the 1700's people realized that cruel punishment did little to reduce crime and their society was changing the population grew and people started to move around more frequently. There had to be a search for new punishments. "New punishments were to rely heavily on new ideas imported from Europe in the writing of such social thinkers of the Enlightenment as the baron de Montesquieu, Voltaire, Thomas Pain and Cesare Beccaria". These thinkers came to believe that criminals could be rehabilitated."
Along with the irrational means of conviction came harsh punishments that ignored the degree to which they matched the crime. In the Justinian code of Roman law there is an excellent example of the amplification of sentencing that declares “anyone who composes a libellous song to the injury of another” or some other form of publically ridiculing another would be banished to “an island by the authority of a Decree of the Senate”. This declaration is representative of most sentences of ancient codes of laws and further into history, although many verdict...
...e. This is incorporated in the lesson by creating a task which students compare a medieval punishment to a contemporary punishment, allowing them with evidence to argue which society is more desirable.
Meron, Theodor. “Crimes and Accountability in Shakespeare.” The American Journal of International Law. 92.1 (Jan.,1998): 1-40. JSTOR. Web. 24 Nov. 2013.
When Shakespeare was born in 1564, Queen Elizabeth had taken power a mere 6 years prior, and her justice system was very different from ours. In this paper, I hope to explore some of the ways punishments were different, such as how many crimes had individual punishments, often times depending on how severe the crime was. I will also go in-depth to one of the most infamous cases of the medieval period.
Furthermore, it will be looking at whether punishment could be re-imagined, and if so, what would it entail? The use of prison as a form of punishment began to become popular in the early 19th century. This was because transportation to colonies had started to decrease; transportation was the removing of an individual, in this case an offender, from its country to another country; usually for a period of seven to ten years and in some cases for ever. During this time prison was now being used as a means for punishment, this was in response to the declining of transportation to colonies. Thus, instead of transporting offenders to other colonies, they were now being locked away behind high walls of the prison.