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These notes provide an overview of reading analysis test notes. They cover themes of violence, punishment, and power in early modern English society. The analysis delves into the legitimacy of state violence and its application within households.
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READING ANALYSIS TEST NOTES WEEK 1 Susan Amusen “Punishment, Discipline, and Power” Main Themes: - The pervasiveness of violence in early modern English society, extending beyond mere homicide rates. - The contested nature of violence, where its legitimacy dep...
READING ANALYSIS TEST NOTES WEEK 1 Susan Amusen “Punishment, Discipline, and Power” Main Themes: - The pervasiveness of violence in early modern English society, extending beyond mere homicide rates. - The contested nature of violence, where its legitimacy depended on the context, the actors involved, and the perceived purpose. - The close relationship between violence and punishment as a tool for discipline and social control. - The diffusion of power in early modern society, where violence could be used by various actors to assert authority or claim rights. Key Ideas and Facts: 1. Legitimacy and Power of State Violence: - The state held the "legal coercion by violence" (Weber) for warfare, executions, and corporal punishments. - However, the fragmented judicial system, with local juries and justices of the peace, meant the state's power was not monolithic. - Public spectacle was central to punishment, with executions and mutilations serving as deterrents and reminders of the state's power. - Quote:"Coke was explaining an existing ritual, which simultaneously sought to obliterate the criminal and remind the onlookers of the perils of such behavior." - Public reaction to state violence was varied, with some questioning its legitimacy, particularly in cases of political dissent or religious persecution. - Example:The differing public reactions to the executions of the Gunpowder Plot conspirators and Sir Walter Raleigh. 2. Discipline and Violence within the Household: - The family was seen as a "little commonwealth", mirroring the state, with the head of the household holding the right to "correct" dependents. - Physical punishment of wives, children, and servants was deemed acceptable for "evident and serious offenses". - Quote:"People believed that physical punishment of a servant, child, or wife was justified only for evident and serious offenses." - However, the line between discipline and abuse was blurred, with domestic violence often excused as correction. - Examples:Thomas Munsaugh’s fabricated adultery accusations to justify beating his wife; servants forced into sexual relationships with masters due to power imbalances. 3. Violence as Enforcement and Resistance: - Non-state actors also used violence to enforce norms and punish perceived transgressions. - Example:The persecution of Baptists in Bristol, with authorities using violence to disrupt their meetings and enforce religious conformity. Edward Terrill's account highlights the Baptists' non-violent resistance and the escalating brutality of the officials. - Alehouse brawls, though seemingly fuelled by alcohol, often stemmed from pre-existing conflicts and disputes over social codes and obligations. - uote:"Many of the brawls... revolve around competing understandings Q of obligations - financial and moral - and rules." - Witchcraft accusations frequently arose from social and economic tensions, with the accused often being marginalized women seeking to redress grievances through supernatural means. - Example:The accusations against Margaret Milburne by her son's servants, demonstrating the power dynamics and tensions within the household. Conclusion: - Amussen argues that understanding the social meanings of violence requires a nuanced approach that considers its context, purpose, and the power dynamics at play. Violence in early modern England was not simply a sign of disorder or barbarity, but a complex and often contested element of social relations, used by various actors to assert authority, enforce norms, and navigate their place in a hierarchical society. WEEK 2 Samantha Sagui “The Hue and Cry in Medieval England” Overview - The hue and cry was a legal institution in England that allowed crime victims to call upon their neighbours to help pursue criminal suspects. - The hue and cry was one of the oldest and most community-based policing systems in England. - The hue and cry has been well studied in the context of rural villages, but is under-examined in the context of towns. - This article considers the laws that governed hue and cry, the circumstances in which it could be raised, the people who utilised it, and changes in usage over time, focusing on evidence from the city of Norwich. Legal Basis of Hue and Cry - Though mostly associated with customary law, hue and cry was also mandated by royal statute. - It has roots in England's Germanic past and was codified in the tenth century. - The Normans continued to encourage the practice after they arrived in England. - Edward I included pursuit of the hue and cry in the Statute of Winchester (1285), which established policing procedures in England for the rest of the Middle Ages. - As late as 1445, parliamentary rolls record the continued obligation of residents to pursue the hue and cry, though by then they were directed by civic authorities. - While the crown dictated that hue and cry should be used to bring criminals to justice, the royal statutes allowed for some variation in local practice. Rules Governing Hue and Cry in Towns - The rules governing hue and cry in medieval towns can be evaluated by looking at borough custumals, which recorded a town's ancient practices and traditions. - Only three prominent custumals specifically mention hue and cry. This could mean that the hue and cry was not a particularly important aspect of urban life, or that it was such an established practice that it didn't need to be addressed. - The emphasis placed on hue and cry in the three custumals that mention it suggests the latter conclusion. - orwich's custumal (compiled around 1308) indicates that when the hue and cry was N raised in response to a felony or robbery, it should be pursued immediately by men loyal to the king until the felons were captured or brought to justice. - The custumal also says that the hue and cry must be levied upon the discovery of an outlaw in the city. - London's Liber Albus (1419) stipulates that to preserve peace in the city, every witness to a felony should raise hue and cry, and those who heard it were obligated to pursue and arrest the transgressors. Those who failed to respond or levied it without cause were to be heavily fined. - Waterford's early fourteenth-century custumal specifies a hefty fine for anyone failing to respond to the hue and cry, and an even greater fine for people who raised it without justification (e.g. if their life was in danger, or their house was broken into). Misuse could also result in imprisonment. - All three custumals stress the need to pursue hue and cry. Those for London and Waterford indicate that it should only be used in certain circumstances. - The frequent inclusion of hue and cry in articles of the view (lists of activities that jurors should report to the courts) also suggests its importance. How Hue and Cry Worked in Practice - To see how hue and cry worked in practice, we can look at court records. - Norwich's leet rolls, which are the oldest urban examples of their kind in England, provide valuable information. - The leet rolls show that before 1313, they only recorded unjustified use of hue and cry. Thereafter, all hue and cries raised in Norwich were to be recorded, and designated as either justified or unjustified. - Of the 239 times that Norwich's leet rolls record hue and cry being raised, 161 are fines for raising it without justification. The other 78 are references to hue and cry being levied in response to specific crimes. When Could Hue and Cry Be Used? - The earliest royal statutes (from Æthelstan, Cnut, and William I) refer to the hue and cry as a means of capturing thieves. - The Statute of Winchester and the custumals that mention hue and cry, however, allow for broader usage. - Most legal historians associate the hue and cry with any felony. - A close examination of the Norwich leet rolls shows that hue and cry was only permissible in certain circumstances. In the 82 cases where the rolls specify why hue and cry was raised, just over half were assault cases, slightly over a quarter were hamsok cases, and 7% involved theft. - The remaining cases involved both assault and hamsok. - The leet rolls never connect the hue and cry with any other type of offence. - Occasionally, two people raised hue and cry on each other, possibly during a quarrel. In these cases, both were liable to be fined. - The only other Norwich source with multiple references to hue and cry is the coroner's rolls from the late thirteenth century. These show a similar pattern to the leet rolls. - Except when raised upon discovery of a body (when it was used to make the discovery known and deflect suspicion from the finder), hue and cry was most often used in response to immediate threats to one’s person or property. Justified Use of Hue and Cry - Though hue and cry was raised in association with assault, hamsok, and theft, it was considered more appropriate in some circumstances than others. - Less than a quarter of hue and cry cases in the Norwich leet rolls were considered justified by the courts. It was sanctioned for half of assault and hamsok cases, but was far less acceptable in theft cases, where it was only justified less than 20% of the time. - In Colchester, almost 60% of hue and cry cases were deemed justified, and the raiser was most likely to be vindicated when using it in response to assault or hamsok. Frequency of Use - The hue and cry does not appear to have been a compulsory procedure, as there were no recorded fines for failing to raise it in Norwich. - It was also apparently not mandatory in London. - Homicide may have been an exception, as there is evidence to suggest that people were expected to raise hue and cry upon witnessing a murder. - The hue and cry was raised less often in Norwich than in peasant villages and small towns. - The gaol delivery rolls for Norfolk in the fourteenth and early fifteenth centuries never mention hue and cry in connection with the county's most significant boroughs (Norwich, Yarmouth, or Lynn), although there are several references to it being raised in the countryside. - This difference might indicate that hue and cry was more effective in less populated areas, or more likely to be brought to the attention of courts in such places. Gender and Hue and Cry - Women were responsible for approximately 44% of hue and cries levied in Norwich. - This is striking, given that women appear far less frequently in court records than men. - Women were frequent hue and cry raisers in other towns, including Colchester, Ramsey, and London. - In rural villages, women raised the hue and cry in approximately half of all cases. - In both Norwich and the villages studied by Bardsley, women were more often deemed justified in raising hue and cry than men. - Bardsley and Mueller suggest that this high level of female participation shows that hue and cry helped to sanction women’s involvement in the public sphere. - However, this is not a universal finding. In fourteenth-century Colchester, hue and cries raised by men were more likely to be condoned by the court. - Bennett found that in Brigstock, women were more likely than men to be accused of unjustly raising hue and cry, concluding that women’s peril was more likely to be ignored by the male-dominated system of justice. - Women were also more likely than men to raise hue and cry on behalf of others, particularly their husbands. - This suggests a spousal obligation to summon assistance, which may not have been reciprocated by husbands. Changes Over Time - Several scholars have written about the declining use of hue and cry in the later Middle Ages. - Pollock and Maitland suggest that it faded as the king’s justice replaced older forms of peacekeeping. - Bardsley links the decline with increased mobility and migration after the plague. - Olson attributes it to reduced population pressure and increased violence. - Mueller, however, finds a slight increase in rural reporting of hue and cry in the late fourteenth century, which she associates with the lords’ attempt to increase profits from manorial courts. - The Norwich records show that the percentage of cases involving hue and cry was significantly lower in 1375 and 1391 than in any previous year. This could signal a decline in use towards the end of the fourteenth - century. - There was also a shift in the gendered use of hue and cry. Before the mid-fourteenth century, women raised it in 35% of instances, but after the plague this number increased to nearly 70%. - This might be explained by: - Women being drawn to cities for employment opportunities after the plague. - An attempt by Norwich authorities to increase control over the city. - The increasing feminisation of hue and cry, with men having more opportunities to participate in peacekeeping through office-holding. Conclusion - Hue and cry was used less frequently in large cities than in rural areas and small towns. This suggests that it was less practical in cities, where violence and theft may have been more frequent, and residents less likely to respond to the distress of their neighbours. - However, hue and cry seems to have been subject to some of the same constraints in both urban and rural settings. It was acceptable when faced with immediate danger, but not to be used lightly, and its abuse was punished. - It continued to be a powerful instrument to enforce the law, and was probably especially important for women, who became proportionally more likely to use it (or to be cited for misusing it) in the late fourteenth century. Sara Butler “Degrees of Culpability” Main Theme: - This article challenges the traditional view of medieval English juries as routinely exhibiting leniency in suicide cases to protect families from financial ruin. Through an exhaustive analysis of coroners’ rolls, eyre, and assize rolls, Butler argues that juries exercised a complex and nuanced understanding of culpability, often prioritizing community values and moral judgment over strict legal interpretations or financial considerations. Key Ideas and Facts: - High Rate of Felony Verdicts:Contrary to previous assumptions, the majority of suicide cases (79%) in the records examined resulted in felony verdicts (felonia de se). - "The records describe the vast majority of cases, 565 out of 718, or roughly 79 percent, as felonious suicides in either the marginalia or the narrative or both." - Mental Instability Not a Guaranteed Defense:While mental instability was recognized as a motivating factor in suicide, pleas of non compos mentis did not automatically lead to acquittal. 40% of suicides attributed to mental instability still received felony verdicts. - "Irrespective of Bracton’s concession to “the deranged, the delirious and the mentally retarded,” in practice, mental instability was not a universal justification for exemption from a declaration of felony..." - Subjective Application of Insanity Pleas:Juries inconsistently applied the non compos mentis plea, sometimes using it to signify legal incapacity, and at other times merely indicating mental distress. This suggests that jurors may have held different understandings of insanity compared to modern interpretations. - "The language of insanity, when used in cases of self-killing, was contextual. At times, jurors used the non compos mentis plea to mean just that: insanity and legal incapacity. At other times, it might only signify some degree of mental distress." - Blurred Lines between Suicide and Misadventure:Evidence suggests juries and scribes occasionally struggled to differentiate between suicide and accidental death, indicating a potentially different perception of the boundary between intentional self-harm and accidental death. - Compassion Not Absent:While not the dominant response, the records do reveal instances of compassion, particularly in cases where the motivation for suicide could be understood and empathized with by jurors, such as grief over the loss of a loved one. - "...medieval jurors, much like their more modern counterparts, were not immune to secular trauma. Perhaps, instead, the difference lies in the records themselves." - Use of "Phrases of Afforcement":Jurors employed legal phrases like “by night” and “ with malice aforethought,” typically used in cases of premeditation, to strengthen their case for a felony verdict, even when these phrases did not strictly apply. This suggests juries actively shaped narratives to communicate moral condemnation. - "The appearance of these loaded terms, then, seems best explained as a jury appropriating formulaic language to communicate their own sense of values." Conclusion: - Butler's research reveals a complex interplay of legal principles, community values, and moral judgments in medieval suicide verdicts. Juries, far from passively applying the law, actively used their position to express communal disapproval, potentially punish negligence, or promote certain moral standards. While compassion played a role in some cases, the frequent use of felony verdicts and "phrases of afforcement" highlight the importance of understanding medieval suicide verdicts within their specific social and cultural context. rimary Source: “A pitiless mother that most unnaturally murdered two of P her children at Action” 1616 Context and Background - Date of Incident:1616 - Location:Acton, a village near London. - Type of Source:Early modern moralizing pamphlet, intended to inform, entertain, and instruct the public by recounting a shocking crime. - The pamphlet is a primary source reflecting societal attitudes towards crime, motherhood, and morality in 17th-century England. Its dramatic and moralistic tone serves as a cautionary tale, illustrating the dire consequences of deviating from expected social and religious norms. Summary of the crime - A mother, whose name is often not specified in moralizing pamphlets to universalize the lesson, is accused of murdering her two children. - The act is described as "unnatural," emphasizing the betrayal of maternal instincts, which were idealized as innate and sacred. 1. Portrayal of the Mother as Unnatural - The mother is repeatedly referred to as “pitiless” and “cruel,” directly contrasting with societal expectations of mothers as nurturing and protective. - Analysis: The repeated emphasis on her lack of pity reflects the belief that women were divinely designed to embody compassion. This portrayal casts her as a moral warning of what happens when maternal and religious duties are abandoned 2. Religious Moralization - The pamphlet attributes the crime to moral corruption, calling the act a “heinous sin” and warning that such actions lead to eternal damnation. - Analysis: The pamphlet ties the crime to spiritual failings, reflecting the deeply religious worldview of 17th-century England. The narrative suggests that the mother’s actions resulted from neglecting her piety or succumbing to evil influences. 3. The role of sensationalism - Graphic details of the children’s deaths are included to shock and captivate the reader, a common technique in moralizing pamphlets. The pamphlet may describe the children’s innocence juxtaposed with the mother’s brutality. - Analysis: Sensationalism draws readers in but also underscores the message: the horror of the act serves as a vivid example of societal decay if traditional values are not upheld. 4. Broader themes of motherhood and gender roles - The pamphlet laments the “unnaturalness” of a mother harming her own children, a concept rooted in the belief that women were inherently predisposed to nurture and protect. - nalysis: This reflects 17th-century anxieties about gender roles and the A fragile social order. Women who violated these roles were viewed as a threat not just to their families but to society at large. 5. Public reactions and social implications - The pamphlet likely includes calls for justice, both divine and legal, against the mother, emphasizing community outrage and the necessity of punishment. - Analysis: Public fascination with cases like these highlights societal preoccupations with crime as both a moral failing and a breakdown of social harmony. The publication acts as a collective condemnation and a means of reasserting societal values. Key Themes and Takeaways - Infanticide and “Natural Order”:The crime of infanticide was viewed as an unnatural breach of maternal duty, reinforcing societal beliefs in a mother’s innate responsibility to protect her children. - Moral and Religious Commentary:The pamphlet underscores the era's perspective that sin and crime stem from moral and spiritual failings, intending to deter others from similar acts. - Gender Expectations:The narrative highlights contemporary gender roles, presenting women as primarily responsible for child-rearing and family care. Any deviation was seen as a serious transgression. Conclusion - This pamphlet exemplifies early modern England's combination of religious morality, social expectations, and fascination with crime. It illustrates how infanticide was not only criminal but symbolized a moral collapse that the community felt compelled to denounce publicly. John Briggs “Crime and Punishment pp.1-40” Main Themes: - Evolution of the English Legal System:The document traces the development of the English criminal justice system from its Anglo-Saxon roots, focused on compensation and preventing feuds, to the more formalized system under Norman rule and the emergence of royal courts and juries. - Methods of Trial:The document explores various methods of trial used in medieval England, including compurgation, trial by ordeal (hot iron, hot water, consecrated bread, cold water), trial by battle, and the gradual emergence of trial by jury. - Role of the Crown:The increasing power of the Crown in administering justice is evident through the establishment of royal courts, Justices in Eyre, writs, and the role of coroners. - Everyday Justice:The document highlights that for most people, justice was administered at the local level through manor courts, dealing with a range of criminal and civil matters. Key Ideas and Facts: I. Anglo-Saxon Period: - Compensation-Based System:The primary goal was to prevent blood feuds by requiring the payment of "wergild" (compensation) for offenses. - "The origin of the criminal law [was] the assumption by the state of the responsibility for avenging personal injuries." - A. Harding - TheLaws of Aethelbert illustrate fixed compensation for offenses like rape and murder, varying based on the victim's status. - Corporal Punishment:While compensation was preferred, corporal punishment was used for repeat offenders and those deemed dangerous to the community. - I ne's Laws state that a thief caught in the act could be executed or have his life "redeemed" by paying his wergild. - Trial by Compurgation:This involved oath-taking by "law-worthy men" to support the defendant's or complainant's claims. - Trial by Ordeal:Appealing to divine judgment, this involved ordeals like hot iron, hot water, consecrated bread, and cold water. The church played a significant role in these trials. - A decree details specific rules for ordeals by hot iron and hot water, emphasizing the church's role and God's judgment. II. Norman Influence and Beyond: - rial by Battle:Introduced by the Normans, this involved physical combat T between the accused and accuser or their champions. - Assize of Clarendon (1166):This introduced significant legal reforms, including the use of juries of presentment to report local crimes to Justices in Eyre. It also limited trial by battle in civil cases. - Writs:Formal written orders initiating legal action, particularly concerning land disputes, became increasingly important. - Justices in Eyre:Royal judges traveled the country to hear pleas of the Crown, expanding royal control over justice administration. - Shropshire Eyre Roll of 1256:This provides detailed examples of civil pleas (land disputes, nuisances) and Crown pleas (murder, sanctuary, false imprisonment) heard by the Justices in Eyre. - Bills to the Justices in Eyre:Individuals could initiate legal action before the Justices using written bills. - Approvers:Convicted felons could escape death by providing evidence against others, needing ten successful accusations to gain their freedom. - Coroners:Established in 1194, they investigated deaths and reported their findings to the Justices in Eyre. Their rolls meticulously record details of deaths and the value of "deodands" (objects causing death). - Manor Courts:These local courts continued to handle most everyday legal matters for the majority of the population. The Tooting Beck manor court rolls illustrate the range of issues dealt with, including land disputes, trespass, and breaches of the assize of ale. Quotes of Note: - "But what happened if one could not get one’s neighbours to swear on one’s behalf or if the crime was so serious that such methods were deemed insufficient? In those cases trial was by ordeal. In these trials it was God who was pronouncing judgment." - "Both sides fought bitterly...until both, exhausted by the weight and burden of arms, threw away their shields and hastened to gain victory in the fight by resorting to wrestling..." - Description of a Trial by Battle - "And be it known that a man will never be hanged so long as he does not admit his guilt by his own mouth." Conclusion: - This collection of sources paints a detailed picture of crime and punishment in medieval England. It demonstrates the evolution of the legal system from a focus on compensation to a more formalized system under the increasing authority of the Crown. It also reveals the diverse methods of trial and the realities of everyday justice for people of all social classes. The sources highlight the importance of understanding historical context when considering the development of modern legal systems. WEEK 3 Krista Kesselring “Felony Forfeiture and the profits of crime” Main Themes: - This article examines the practice of felony forfeiture in 16th and 17th century England, focusing on who profited and its impact on law and governance. - The author argues that the increasing use of judicial revenues as patronage under Elizabeth I and the early Stuart monarchs affected the participatory aspects of law. - This privatisation and politicisation of felony forfeiture created conflict and challenged the notion of widespread legal participation as signifying state strength or societal consensus. Key Ideas & Facts: 1. Felony forfeiture: Definition and Historical Context: - Forfeiture involved felons losing all their possessions: lands escheated to their lord and goods went to the king. This practice distinguished felonies from other offences. - Despite its long history, historians have paid little attention to felony forfeiture compared to treason forfeiture. 2. The Changing Landscape of Forfeiture: - 16th-century laws protected widows’ dower and heirs' rights to land in most felonies, responding to criticisms of punishing the innocent. - However, goods remained subject to forfeiture, with no protection for creditors, prompting complaints. 3. Beneficiaries of Forfeiture: - While legally belonging to the king and lords, forfeiture profits were widely dispersed. Lords received rights to goods through royal grants, individual petitioners could receive grants for specific felons' assets, and Elizabeth and the Stuarts introduced farming out forfeitures. - For the crown and some traditional grant holders, the financial gains were often insignificant. - However, individuals petitioning for grants or farms, and those involved in the seizure and composition process, could reap substantial profits. 4. Impact on Law and Governance: - Forfeiture could lead to jury nullification, as people sought to protect families and creditors from destitution. - The desire for profit incentivised some to limit local discretion and enforce the law to secure their benefit, leading to disputes and competing claims over felons' assets. - Some individuals received pardons due to someone having an interest in their forfeiture. - Concerns arose about lax prosecution due to private interests and potential for false accusations driven by the lure of profit. 5. The Rise of “Government by Licence” and its Challenges: - The practice of granting farms and monopolies, including for felony forfeitures, fueled criticism of the privatisation of crown finance. - This coincided with the emergence of the concept of “public man” and heightened sensitivity to the conflict between public and private interests in governance. Significant Quotes: - “ The heightened use of judicial revenues as tokens of patronage under Elizabeth and the early Stuarts impinged upon participatory aspects of the law’s operation.” - “Felony forfeiture became increasingly privatized and increasingly politicized.” - “The ability to profit from forfeitures, already broadly dispersed, thus became even more broadly shared with the late Elizabethan and early Stuart fondness for government by licence.” - “These same years, of course, coincided with both the rise of government by licence and the rise in complaints against it.” Conclusion: - This article sheds light on a largely overlooked aspect of early modern English law. While seemingly mundane, the practice of felony forfeiture reveals the complexities of power, patronage, and participation in the legal system. It challenges simplistic narratives of state formation and communal consensus, demonstrating how individual economic interests shaped the application and perception of law. The practice serves as a valuable lens through which to understand the tensions and shifting dynamics of early modern English society. Primary Source: “The Life and Death of Griffin Flood Informer” 1623 1. Griffin Flood's Role as an Informer: - The pamphlet likely gives a detailed account of how Griffin Flood became an informer. It may describe his background, motivations, and the specific crimes or individuals he targeted for betrayal. Informers like Flood were often seen as morally corrupt, seeking personal gain at the expense of loyalty and trust. - Example to Know:Flood could be depicted as betraying his neighbors, friends, or even his own family, which would have been seen as a grave sin during the time. 2. Public Reaction to Informers: - Informers were typically despised in 17th-century England. The pamphlet might include examples of how Flood’s actions were publicly condemned, reflecting widespread disdain for informers. - Example to Know: The text may describe how Flood was vilified by the community, with people calling him a "traitor" or "villain" for his role in bringing legal or criminal charges against others for personal profit. 3. Flood's Punishment and Death: - The pamphlet’s central moral lesson likely revolves around the ultimate fate of Griffin Flood. His punishment—possibly his execution or death in disgrace—would serve as a cautionary tale about the consequences of betrayal. - Example to Know:Flood might be described as suffering a gruesome death, possibly in a public setting to symbolize justice and retribution. His death could be framed as divine punishment, showing how an informer’s life inevitably ends in suffering. - Key Phrase: “The wages of sin is death” or similar expressions might be used to tie Flood's demise to divine retribution. 4. Moral and Religious Overtones: - Given the religious context of the time, the pamphlet likely uses Christian moral teachings to frame Flood's actions and fate. The idea that betrayal of one's neighbors is not just a social crime but a spiritual one would be an important theme. - Example to Know:The pamphlet might make references to biblical verses, such as “Thou shalt not bear false witness,” to criticize Flood's actions. It could also include references to sin, repentance, and the afterlife, emphasizing that Flood’s actions would lead to eternal damnation. 5. Use of Rhetoric: - The language used in the pamphlet would be highly charged, employing rhetoric to stir up the audience’s emotions and convince them of the immorality of informing. - Example to Know:The pamphlet could use terms like "false-hearted" or "treacherous" to describe Flood’s character, highlighting how informers were seen as not just criminals but as moral abominations. 6. Criticism of the Informing System: - The pamphlet likely criticizes the legal and social system that encouraged or rewarded informers. Flood’s success as an informer would reflect a corrupt system that undermined trust in society. - Example to Know:The pamphlet could criticize the law for offering rewards to informers or suggest that the judicial system had become corrupt by relying on such unethical people. 7. Griffin Flood’s Motive: - The pamphlet may explore Griffin Flood’s personal motivations for becoming an informer. It is likely that Flood is portrayed as motivated by greed, self-interest, or a desire for power. - Example to Know:Specific examples might highlight how Flood manipulated people or exploited legal loopholes for financial gain, further illustrating his moral corruption. 8. Cautionary Message: - The pamphlet likely ends with a strong moral lesson aimed at deterring others from following in Griffin Flood’s footsteps. - Example to Know:A concluding moral might stress that those who betray others for personal gain will face not only societal punishment but also divine judgment. It may also warn that even those who seem to benefit in the short term (like Flood) will ultimately suffer. 9. Influence of Pamphlet Literature: - The Life and Death of Griffin Flood is an example of the broader genre of pamphlet literature in early 17th-century England, which was used to sway public opinion. Knowing the context of pamphlets during this period can help you understand how they shaped social and political discourse. - Example to Know:Pamphlets of the time often focused on moral tales, sensationalism, and public shaming, all of which serve to strengthen the condemnation of figures like Flood. John Briggs “Crime and Punishment pp.41-60” - Law Enforcement in Early Modern England - By the close of the sixteenth century, England had a sophisticated, multi-layered system of law enforcement that became increasingly effective over time. - Macro Level Enforcement: The County - Thecountywas the crucial large-scale unit of lawenforcement. - Thejustice of the peace (JP)was arguably the principalfigure. - The Role of Justices of the Peace (JPs) - Supervisory Role:JPs supervised the implementationof laws like the Poor Law. They appointed and monitored officials, reviewed accounts, and addressed disputes. - Example:In 1622, JPs in Yorkshire ordered overseersin Northallerton to care for Jane Dawson and threatened a £5 fine for noncompliance. - Regulatory Role:They set wage rates and licensedalehouses. - lehouses were seen as potential sources of poverty, political subversion, A and criminal activity. - irect Law Enforcement:JPs received complaints, gatheredevidence, and either D dealt with minor issues or took steps to bring more serious cases to the appropriate court. - JPs typically bailed or remanded the accused and ensured the relevant parties appeared in court. - Increasing Authority:By the eighteenth century, JPsbegan dealing with more matters summarily and dismissing weak cases, even felonies. - Example: Richard Wyatt, a Surrey justice, dismissed a burglary charge against two chimney sweeps due to insufficient evidence. - Other County-Level Officials - Sheriffs:Although their authority diminished in thesixteenth century, sheriffs remained important in law enforcement. - Responsibilities: - Publicizing court dates - Serving writs - Ensuring juror attendance - Carrying out punishments and collecting fines - Managing thecounty gaol - Example:The Yorkshire sheriff was reprimanded in1619 for allowing a prisoner to escape. - Subordinates to the Sheriff:Under-sheriffs and bailiffsserved writs and made arrests. - Other Official:Coroners investigate suspicious deathsand could imprison suspects. - Micro Level Enforcement: The Parish - By the close of the sixteenth century, the **parish** emerged as a key area of local law enforcement. - Parish Officials: - Surveyors of the highway dealt with road-related issues. - Overseers of the poor handled Poor Law cases, particularly vagrancy. - Churchwardens - Petty constables - hurchwardens C - Primary Duties: Focused on the administration and upkeep of the parish church. - Example: In 1662, Houghton-le-Spring churchwardens purchased Communion wine for Easter. - Law Enforcement Roles: - Served on hundredal juries, reporting crimes to magistrates. - Brought moral offenses (e.g., adultery, pre-marital sex) to ecclesiastical courts or quarter sessions. - Example: Churchwardens in Oxfordshire reported John Applegarth and Katherine Baker for “lyinge in bed together.” - Monitored the behavior of parish priests. - Example: In 1587, churchwardens in Barnard Castle criticized their priest for neglecting his duties. - Petty Constables - The Leading Parish-Level Law Enforcement Officer: - Reported to higher authorities regularly. - eld a high social standing, typically wealthy yeomen. H - Example: In Pattingham, most constables between 1583 and 1642 were substantial farmers. - Wide-Ranging Duties: - Administering vagrancy acts - Supervising alehouses - Apprehending felons - Dealing with minor offenses - Executing warrants - Obeying orders from justices and sheriffs - Essentially served as a one-man police force. - Intermediate Level Enforcement - Between the county and parish levels were the **hundred** and the **borough**. - The Hundred - A sub-unit of the county containing several parishes. - The highconstablewas the key figure, linking countyand parish levels. - Appointed by magistrates, he relayed instructions from quarter sessions to parishes and supervised local officials. - Maintained peace within the hundred. - The Borough - Towns and cities with more complex systems of government. - Example: Shrewsbury had 5 parishes, Exeter had 19, and larger cities like York and Norwich had many more. - Features: - Governing councils - Town officials - Town courts - The watch, consisting of watchmen, patrolled the streets at night to maintain order. - The Ladder of Authority - Levels of enforcement were linked in a hierarchy. - Information and orders flowed down from the Crown, and each level supervised the one below. - Cross-checking ensured accountability, with officials monitoring and reporting on each other. - Example: Magistrates reprimanded sheriffs for prisoner escapes, and churchwardens brought complaints against their priests. - Effectiveness of the System - The system became increasingly effective over time. - Factors Contributing to Improvement: - Publication of legal textbooks for JPs (e.g., Burn's The Justice of the Peace and the Parish Officer). - Increasing use ofclerical justices, who brought highereducation and a sense of vocation to the bench. - Improvements to thewatch, including street lightingand reorganization. - Development ofpetty sessions, regular meetings ofjustices to handle various matters. - Eased the burden on quarter sessions, ensured more regular justice, and improved monitoring of local officials. - London-Based Developments: - stablishment ofrotation officeswhere JPs were available at E specific times, addressing the issue of part-time justices. - Example: The first rotation office was likely established by the City of London in 1737. - Sir John Fielding's information network, leading tothe publication of theHue and Cry, a sheet containinginformation about criminals and unsolved crimes. - Example:The Hue and Cryhelped apprehend Richard Myett, who had stolen silver from a shop in Wallingford. - Conclusion - The early modern system of law enforcement was complex and sophisticated, contrary to the view that it was primitive and ineffective. - It was hierarchical, constantly evolving, and generally successful in tackling crime. WEEK 4 Cynthia Herrup “Law and Morality in seventeenth-century England” Law, Morality, and Selective Enforcement in 17th-Century England - While the law in early modern England was theoretically rigid, permitting the death penalty for major offences like property crimes, its actual application was far more lenient. This selective enforcement was not a sign of inefficiency, but a deliberate process shaped by social and ethical considerations. - key element in thisse A lective enforcement was the concept of mens rea(intention of the mind). This principle distinguished between accidental transgressions and deliberate felonies, and more importantly, between mere offenders and hardened criminals. This distinction was rooted in the religious beliefs of the time, which recognized universal human fallibility while emphasizing the possibility of redemption. - he process of law enforcement involved numerous individuals from various social T strata, contributing to the discretionary application of the law.From the victim's pursuit of the case to the magistrate's reliance on local cooperation, the system depended heavily on community involvement. This ensured that legal decisions reflected not just gentry values but a broader consensus encompassing the ethical considerations of ordinary people. - he distinction between offenders and criminals was evident in the treatment of T recidivists, who often received mitigated punishments despite repeated convictions. Offenders were seen as errant brethren needing guidance and opportunities for reform, rather than harsh punishment reserved for the irredeemable. - Their punishments, including reduced charges, whippings, or even enforced apprenticeships or military service, aimed to correct behaviour and reintegrate them into society. - The case of John Frankwell illustrates this point. Initially convicted for stealing coins and granted benefit of clergy, his subsequent theft of wheat was treated as petty larceny, resulting in a lighter punishment, possibly reflecting a perceived improvement in his actions. - I n contrast, those deemed criminals were often characterized by their calculated pursuit of profit, a lack of remorse, and their status as outsiders.Horse theft, for xample, was viewed as a crime motivated purely by avarice, and horse thieves often e operated in organized networks to sell stolen animals quickly and efficiently. John Brasier, hanged for stealing and selling multiple horses across counties, exemplifies this criminal profile. - Criminality was thus associated with ambition, mobility, and defiance—qualities that potentially challenged the existing social order. - However, the fact that recidivists continued to appear before the courts challenges the notion that the system solely aimed to enforce social control. - his approach to punishment, with its emphasis on rehabilitation, suggests a system T more focused on moral education than simple deterrence.The belief in universal sinfulness demanded a system that acknowledged human weakness and offered opportunities for redemption. This system contrasts starkly with later penal philosophies centred on incarceration, which relied on emotional detachment from the criminal and sought to control behaviour through confinement rather than reform.. - By understanding the moral framework within which law enforcement operated in 17th-century England, we can better appreciate the complexities of legal decisions. Criminality was not simply a matter of breaking the law, but a judgment on the motivations and character of the individual, reflecting the ethical concerns of the community. This perspective challenges simplistic interpretations of the past and offers a nuanced view of the relationship between law, morality, and social control in early modern England.. - This response provides an in-depth exploration of the provided source, highlighting the nuanced relationship between law and morality in 17th-century English society. Please let me know if any part of my response needs further clarification or if you have any other questions. Malcolm Gaskill “Witchcraft and Evidence in Early Modern England” - he article examines the evolution of legal evidence in English witchcraft trials from the T 16th to 18th centuries. It argues that the decline in witchcraft convictions was primarily due to increasingly stringent standards of proof, and not necessarily due to a decline in belief in witchcraft. - During the Elizabethan era, witchcraft was seen as a crime that required a high degree of proof. Judges and juries were often unconvinced by the evidence presented, leading to low conviction rates. - The article highlights the impact ofReginald Scot's skepticism, which focused on the evidence used to convict witches. Scot's work did not deny the existence of witchcraft but criticized the methods used to identify and punish those accused. - The influence ofWilliam Perkins is also discussed. Perkins advocated for a more rigorous approach to evidence, emphasizing the importance of the diabolic pact and the need for clear and convincing proof. - James Iinitially held strong beliefs in witchcraft but became more skeptical after several high-profile cases revealed flaws in the evidence. His skepticism led to increased caution among magistrates and judges. - By the reign ofCharles I, a climate of skepticism prevailed, with judges and physicians taking a more cautious approach to witchcraft accusations. - The English Civil Wardisrupted the legal system and led to a surge in witchcraft accusations. This period saw the rise of witchfinders like Matthew Hopkins and John Stearne, who employed questionable methods to identify and convict witches. - The witchfinders’ reliance on methods like sleep deprivation and swimming led to unreliable confessions and evidence. - John Gaule, a critic of Hopkins, argued that forced confessions and other questionable methods were not effective in fighting Satan and only served to undermine the legal system. - ollowing the Civil War and the decline of the witchfinders, judges and juries once again F became more skeptical of witchcraft accusations, leading to afurther decline in convictions. - The Salem witch trials, which relied on spectral evidence, further fueled skepticism about witchcraft accusations. - By the 18th century, the legal system had adoptedmore rigorous standards of evidence, making it virtually impossible to secure a conviction for witchcraft. - The article argues thatMatthew Hopkins, despite his notoriety, played a role in hastening the decline of witchcraft convictions by exposing the flaws in the existing system of evidence. His methods, though ultimately discredited, helped to highlight the need formore rigorous and reliable methods of proof. - The article concludes that the decline of witchcraft convictions in England was not solely due to changing beliefs, but rather a result of the evolution of legal procedures and a growing emphasis on the importance of evidence. This shift in the legal system was part of a broader intellectual and cultural transformation that also influenced the development of science and religion in the 17th and 18th centuries rimary Source: “The wonderful discovery of Elizabeth Sawyer a Witch” P 1621 Context - Historical Background:Written during the early 17th century, this pamphlet documents the trial and execution of Elizabeth Sawyer, a woman accused of witchcraft in Edmonton, England. This was a period of widespread witchcraft accusations, driven by religious beliefs, social tensions, and gender dynamics. - Social Climate:Witchcraft trials often targeted marginalized women, particularly widows, healers, or those seen as disruptive to societal norms. Key themes and examples 1. Witchcraft Accusations - Accusation Details:Elizabeth Sawyer was accused of bewitching neighbors and livestock after a dispute. The pamphlet outlines how Sawyer's actions and demeanor were interpreted as evidence of her guilt. - Example to Know:A neighbor’s death or illness was attributed to Sawyer's supposed curse after a personal quarrel. Sawyer was accused of causing harm by "ill words." - Cultural Connection:This reflects the era’s belief that misfortune was often caused by supernatural means, particularly by witches. 2. The Devil’s Pact - Alleged Pact with the Devil:The pamphlet includes testimony that Elizabeth Sawyer confessed to meeting the Devil, who appeared in the form of a dog named "Tom." - Example to Know:Sawyer supposedly claimed the Devil offered her power in exchange for her soul. This was a common trope in witchcraft narratives. - Religious Overtones:The description ties into the period’s Christian belief in the Devil’s active role in corrupting humanity. 3. Evidence of Witchcraft - Physical Evidence:The pamphlet describes how a "witch's mark" was found on Sawyer's body. Such marks, believed to be teats for feeding familiars, were considered incontrovertible evidence of witchcraft. - xample to Know:Sawyer’s mark was likely described as a mole or E blemish, which contemporary "witch hunters" interpreted as proof of her guilt. - Behavioral Evidence:Sawyer’s outbursts, social isolation, and quarrelsome nature were used against her. - Example to Know:Testimonies from neighbors depicted her as argumentative and resentful, reinforcing stereotypes of witches as antisocial and dangerous. 4. Public fear and moral lessons - Impact of the Pamphlet:The pamphlet served to warn the public about the dangers of witchcraft and the Devil's influence, reinforcing fears and moral codes of the time. - Example to Know:The narrative likely concludes with a description of Sawyer’s execution by hanging, portraying it as a triumph of justice and divine intervention. - Cautionary Tale:The text emphasizes Sawyer’s supposed moral failings—anger, bitterness, and temptation—as leading to her downfall. Tone and Rhetoric - Sensationalism:The pamphlet uses vivid language to describe Sawyer’s actions, the Devil’s involvement, and her ultimate punishment, aiming to captivate and horrify its audience. - Example to Know:Descriptions of Sawyer's alleged pact with the Devil may include dramatic language, such as "monstrous wickedness" or "servant of Satan." - Moralizing Tone:The pamphlet frames Sawyer’s story as a warning against sin and disobedience to God. Historical Significance - Social Commentary:The text reveals how women, especially those on society's margins, were vulnerable to witchcraft accusations. - Legal Practices:The pamphlet illustrates the reliance on dubious evidence, such as physical marks, confessions under duress, and hearsay, in convicting alleged witches. - Religious Context:The focus on the Devil’s pact underscores the pervasive fear of diabolical influence during this era. John Briggs “Crime and Punishment pp.61-73” Capital Punishment - Capital punishmentwas a central feature of the early modern penal regime, with the number of crimes punishable by death rising considerably throughout the period. - Shaming punishmentswere also frequently employed by both the secular and ecclesiastical courts. These included: - The pillory, which involved an offender standing with their head and hands pinioned between two planks of wood, often in a public place. - The ducking stool, used to punish women accused of being scolds. - The stocks, which involved an offender sitting on a bench with their feet clamped between two boards. - Carting, in which an offender was paraded around the local streets. - Public penance, frequently used by the church courts, which often involved the offender standing before the congregation during service. - Corporal punishment,most commonly in the form of whipping, was often used for vagrancy cases and petty larceny. Whippings often took place in public. - Transportationof convicted felons to the colonies became a regular practice following the passing of the Transportation Act in 1718. - Imprisonmentwas not traditionally used as a form of punishment, except in the case of debtors. However, from the late 17th century, growing numbers of petty offenders were entenced to hard labour in houses of correction. This practice became more common still s in the 1770s, when transportation became more difficult. - Fineswere a leading form of punishment throughout the early modern period, used for a wide range of minor offences. Most fines were relatively small as they were largely imposed on ordinary working people. Reasons for the Variety of Punishments - One reason behind the variety of punishments employed was thebelief that capital punishment should not be rigorously applied in every case. - This was in part due to the view that, for most offences,capital punishment was primarily there as a deterrentand that only a limited number of executions were necessary to achieve this. - There was also a range ofmitigating factorsthat were considered, including the offender's character, the circumstances of the crime and the behaviour of juries. For example, in the case of Ann Flynn, the jury recommended leniency after hearing that she had stolen a shoulder of mutton to feed her starving children. The Rationale Behind Punishment - The rationale behind punishment in the early modern period appears to have been fourfold: - Deterrence -Punishments were often carried out in public and in a theatrical manner to serve as a warning to others. - Retribution -The severity of the punishment was considered to be proportionate to the crime. For example, husband murderers were burned alive because it was considered to be a more serious crime than 'straightforward murder'. - Ritual cleansing -Criminals were considered to have cut themselves off from society, and punishment was seen as a way of cleansing them of their iniquities before readmitting them to the community. - Reformation -Particularly in the later part of the period, there was a growing belief that punishment could be used to reform the wrongdoer, as exemplified by the increasing use of imprisonment. Conclusion - While the death penalty remained a significant feature of the penal system, the use of capital punishment actually declined over the course of the early modern period. - This decline was in part driven by the emergence of alternative forms of punishment, such as transportation and imprisonment. Week 5 ouglas Hay “Crime and Justice in Eighteenth and nineteenth-century D England” - his document discusses crime and justice in 18th and 19th century England. The author T emphasizes the need to examine the social and historical contexts of crime to understand why crimes were committed. - In the 18th century, the English criminal justice system was characterized by a lack of police and reliance on private prosecutions. The death penalty was used widely for various offenses, including property crimes, and public executions were seen as a deterrent to crime. - However, the effectiveness of the death penalty in preventing crime was questionable, and most offenders were not prosecuted or were transported to the colonies. - By the 19th century, there were significant changes in the criminal justice system. - he death penalty was gradually abolished for most crimes except murder. T - Imprisonment became the primary punishment. - Police forces were established. - These changes were partly driven by concerns about the ineffectiveness and inhumanity of earlier punishments, such as transportation and whipping. - he penitentiary system, developed in the 19th century, reflected a shift in penal theory T towards the belief that criminal character could be reformed through discipline and isolation. However, the effectiveness of this approach was also debated. - The establishment ofpolice forces, despite initial opposition, led to more efficient prosecutions and a decline in public disorder. - Riotswere a common form of protest in 18th and 19th century England. They were often organized and aimed at addressing specific grievances, such as high food prices or the enclosure of common lands. These riots highlight the importance of understanding the social and economic contexts of crime. - The author suggests that the concept oflegitimacyis crucial in understanding historical crime. Certain crimes, such as poaching or smuggling, were considered legitimate by many people. The legitimacy of "ordinary crimes" such as theft could also vary depending on the social context. - The industrial revolutionhad a significant impact on crime and the criminal justice system. Economic changes, such as the enclosure of common lands and attempts to control wages, led to the criminalization of certain activities that were previously considered acceptable. The rise of industrial capitalism also contributed to the emergence of a "dangerous class" and concerns about crime in urban areas. Conclusion - The document concludes by emphasizing the importance of studying crime and punishment in the context of social and economic change, recognizing that popular attitudes towards crime often differed from those of the elites who created and enforced laws. Primary Source: “the trial and Dying words of Glory Skelthrope.” Context - Historical Background:This document details the trial and execution of Glory Skelthrope, accused of a crime (likely murder, theft, or moral transgression) during the 18th or 19th century, when public trials and executions were often dramatized in print for moral and entertainment purposes. - Purpose of the Source:Such publications served to reinforce societal norms, warn against criminal behavior, and promote religious repentance. Key Themes and Specific Examples 1. The trial - Crime and Accusations:The pamphlet describes the crime Glory Skelthrope was accused of committing, emphasizing its severityand moral depravity. - Example to Know:Glory may have been accused of theft, murder, or another act seen as particularly shocking or sinful. For example, if the crime was murder, the pamphlet might detail the victim's background and the circumstances of their death. - Courtroom Details:The pamphlet often dramatizes courtroom proceedings, including testimony, evidence presented, and the judge’s condemnation. - Example to Know:It might include statements from witnesses who paint Glory as manipulative, vengeful, or morally corrupt. 2. Glory’s character and Moral condemnation - epiction of Glory Skelthrope:The pamphlet likely emphasizes her perceived D flaws, such as pride, defiance, or moral weakness. - Example to Know:If she defended herself during the trial, the text might portray her as unrepentant or hardened, aligning her character with the crime. - Gender and Morality:As a woman, Skelthrope might be framed as a warning against straying from societal expectations for women (e.g., chastity, obedience, and modesty). - Example to Know:The narrative might accuse her of "unwomanly" behavior, such as independence or assertiveness, contributing to her downfall. 3. The sentence and execution - Punishment:The pamphlet describes her sentencing, likely focusing on its justice and inevitability under the law. - Example to Know:Glory Skelthrope may have been sentenced to hanging, with the judge emphasizing the need to uphold societal order and morality. - Public Execution:Public executions were spectacles intended to deter crime. The pamphlet might depict the crowd’s reaction, highlighting their moral judgment or sympathy. - Example to Know:The account might describe how the crowd cheered for justice or murmured at Glory’s lack of visible repentance. 4. Dying words and repentance - Final Confession or Refusal:The pamphlet centers on Glory’s "dying words," which could either be a confession of guilt and plea for divine forgiveness or a defiant proclamation of innocence. - Example to Know:If Glory repented, the pamphlet might emphasize her last-minute acceptance of Christian salvation, using phrases like “I die in the hope of mercy.” Alternatively, if she remained defiant, her words could be portrayed as evidence of her moral corruption. - Religious Overtones:The narrative frames her death as a moral and spiritual reckoning. - Example to Know:The text might include phrases like “a sinner’s path leads to ruin” to underscore the religious lesson. 5. Social and moral lessons - Cautionary Tale:The pamphlet uses Glory’s story to warn readers about the consequences of criminal or immoral behavior. - Example to Know:The final passages might address readers directly, urging them to avoid similar temptations and repent for their sins. Tone and rhetoric - sensationalism:The pamphlet likely uses dramatic language to captivate readers, describing the trial and execution in vivid, emotional terms. - Example to Know:Phrases like “wretched fate” or “horrifying deeds” might appear to evoke pity or fear. - Moralizing Tone:The text emphasizes the importance of Christian values, lawfulness, and societal order. Historical significance - Reflection of Justice System:The source illustrates the criminal justice practices of the time, including public executions and moral judgments based on religious and societal norms. - ender Dynamics:The portrayal of Glory Skelthrope highlights how women accused of G crimes were judged not only for their actions but also for their adherence to expected gender roles. - Pamphlet Culture:As part of the broader tradition of criminal pamphlets, this document reflects how print media shaped public opinion and reinforced social hierarchies. Week 6 obert Shoemaker “The old Bailey proceedings and the representation of R Crime and criminal justice in eighteenth-century London.” Selective Reporting in the Old Bailey Proceedings - The Old Bailey Proceedings were published accounts of felony trials held at London's central criminal court. While historians generally consider the Proceedings to be mostly accurate, they were often incomplete and could present a distorted view of the events at the Old Bailey. They could also be inaccurate in the events they did report. The Proceedings presented a partial account of crime and criminal justice to their readers by choosing what was included and what was left out and by occasionally distorting what was reported. - The Proceedingswere licensed by the City of London but were a commercial venture published by some of the leading London printers. - The Proceedingswere intended for a literate, middle- and upper-class, newspaper-reading audience. - Printers relied on their copy from one or more note-takers and shorthand writers who attended the trials. - The printers, however, determined the final content. In their need to sell copies, they were motivated by two, sometimes conflicting, concerns: to provide entertainment and to present an image of authority and respectability. Public Justice - In 1775, John Wilkes, at the end of his term as Lord Mayor of London, complained about the Proceedings being inaccurate, especially regarding the trials of Daniel and Robert Perreau and Caroline Rudd. - While Wilkes may have exaggerated for political effect, his complaints did have merit. - Wilkes proposed that the Proceedings be published under the authority of the Recorder, the chief judge at the Old Bailey, and "authenticated under his name". This marked a significant increase in the City's efforts to regulate the publication of the Proceedings. - In 1778, the City imposed a requirement that the Proceedings should contain a "true, fair, and perfect narrative of the whole evidence upon the trial of every prisoner, whether he or she shall be convicted or acquitted". - The length of the trial accounts increased dramatically as a result. Abridgements and Omissions - Because the Proceedings were a commercial venture, only a small proportion of the courtroom testimony was published. Constraints of space and time meant that the Proceedings were often incomplete. The most significant omissions were: - Repetitive or insubstantial material. - Trials resulting in acquittals. On average, accounts of trials resulting in acquittals were shorter than those resulting in convictions. - Defense evidence, especially if it directly challenged the prosecution case or if the defendant acted defiantly toward the court. - Character evidence. - Convicts' speeches following convictions for capital offenses. - egal arguments, including opening statements by counsel, cross-examinations, L and arguments with the judge. - The judge's summing up at the conclusions of trials. This often included opinions about the defendant's guilt or innocence. - Information about how the jury arrived at its verdict. - The omissions served several purposes: - To emphasize the severity of the crime problem. - To focus attention on cases where defendants were convicted, conveying the message that criminality would be punished. - To justify convictions and punishments to the wider public. - To present trials as simple confrontations between the victim and the accused. - To minimize any doubt that might be cast on trial outcomes. Reader Response - The Proceedingswere read by both lower- and upper-class Londoners. - Some readers took the accounts of the trials in the Proceedings at face value. - Other readers were aware of the Proceedings' limitations and the ideological messages they contained. They complained about errors, omissions, and sinister motives behind those omissions. - Some readers read the Proceedings for entertainment. Others found them to be a moralizing and improving activity. - Some people worried that criminals reading the Proceedings might learn techniques for committing crimes and avoiding conviction. - Because trials have two sides, the Proceedings presented competing stories, which allowed readers to identify with the defendant rather than the prosecution. - The Proceedings must be read in the context of the vast body of crime literature published at the time. This included: - Newspaper reports that could stimulate fears of crime or offer reassurance that it was being controlled. - Criminal biographies that often presented sympathetic accounts of criminals or allowed them to tell their own stories. - Confronted with competing images of crime, readers of the Proceedings drew their own conclusions. Rober shoemaker “Print and the female voice.” - his document discusses the representation of female crime in London between 1690 and T 1735, particularly theft. - At the turn of the eighteenth century, London experienced an unprecedented surge in female crime, with women accounting for almost half of all felony prosecutions. - This increase, lasting four decades, was driven mainly by theft, a departure from conventional views of female criminality centered around violence and immorality. - While wartime conditions leading to fewer men may have contributed, the sheer volume of prosecutions represented a real shift in female criminal activity. - The rise in female migration to London, coupled with limited employment opportunities and social vulnerability, led to economic hardship for many women, pushing them towards theft. - Simultaneously, societal anxieties around female independence and immorality, fueled by campaigns against vice, resulted in increased policing and prosecution of single women. - The expanding print culture of the time, with its diverse genres and focus on individual narratives, provided a platform for discussing this phenomenon. - Initially, popular literature struggled to represent this new wave of female criminality, often relying on existing stereotypes of women as sexually deviant or accomplices to men. - enres like ballads and rogue literature lacked the space for nuanced explanations of the G circumstances driving women to theft. - However, new genres like the Old Bailey Proceedings and the Ordinary's Accounts, while intended for a broad audience, provided a platform for a more complex female criminal voice to emerge. - The Proceedings, initially sensationalist, started including more detailed and sympathetic accounts of defendant testimonies, particularly from the 1690s. - The Ordinary's Accounts, biographies of executed criminals written by the Newgate prison chaplain, gradually allowed convicts to articulate their own stories, including justifications for their actions. - Through these platforms,women accused of theft could voice their experiences, highlighting poverty, necessity, and manipulation by others (especially men) as contributing factors to their crimes. - These accounts, while mediated by court reporters and the Ordinary, provided a glimpse into the complex realities of female crime, moving beyond simplistic moral judgments. - Daniel Defoe's Moll Flanders, while fictional, further developed this trend, presenting a detailed first-person narrative of a female thief whose descent into crime was driven by poverty, societal pressures, and moral ambiguity. - The ability of accused women to publish their own narratives, exemplified by Sarah Malcolm's pamphlet in 1733, further challenged dominant narratives and presented alternative perspectives on female crime. - However, this period of increased visibility and understanding of female criminality was relatively short-lived. - By the 1750s, the "female crime wave" subsided, and with it, the nuanced representation of female thieves in print. - Evolving notions of femininity, emphasizing passivity and victimhood, led to a decline in prosecutions and a shift towards portraying female criminals as subjects in need of reform rather than active agents. - Ironically, the earlier narratives of hardship and exploitation, while giving women a voice, may have contributed to this later silencing by framing them as passive victims. - The decline in the female criminal voice, particularly concerning theft, reflects the complex interplay of social, cultural, and legal factors shaping the perception and representation of female deviance in eighteenth-century London. Conclusion - This document provides statistical data about female crime in London, obtained from the Old Bailey Proceedings Online. It also cites several cases of women accused of theft and their justifications. These narratives illustrate the multifaceted nature of female crime and challenge the stereotypical representations prevalent in earlier literature. Primary Source: “A Harlot’s Progress” 1732 Context - Creator and Medium:A Harlot’s Progress is a series of six paintings (later turned into engravings) by William Hogarth, an 18th-century English artist known for his satirical works that critique societal vices and moral failings. - Cultural Background:Created during a time of moral and social reform in England,
