Revision for 16 marker Assessment.

1. Vagabonds

Vagabondage becomes a crime

In the Middle Ages, the vast majority of people never left the town or village where they
were born. They lived, worked and died there. After 1500, this began to change. The growing
population, falling wages, and rising food prices, meant that greater numbers of people left
their villages in search of jobs. These unemployed, homeless people were known as
vagabonds or vagrants.

When a vagabond arrived in a new village or town, it was not always easy for them to find
work. With nowhere to live, and nothing to live off, it was inevitable that some would turn to
crime. The better-off, settled population began to see all vagabonds as potential criminals. A
common view was that vagabonds were lazy, or had brought their troubles upon
themselves.

A 16th-century pamphlet about the dangers of beggars listed many different types of beggar
- and assumed that none was in genuine need. Categories included:

● Dummerers - those pretending to be deaf and mute

● Drunken tinkers - thieves using trade as a cover story
● Priggers of prancers - horse thieves
● Kinchin morts - girl beggars.
● The Vagrancy Act of 1547 included very harsh terms. An able-bodied vagabond, who
was without work for more than three days, was to be branded with the letter V and
sold as a slave for two years. This law was so severe that the punishments were not
always carried out, and it was withdrawn after three years.
● The 1597 Act for the Relief of the Poor included harsh punishments to act as a
deterrent to vagrants - including whipping and burning the ear using a hot iron.
● The 1601 Poor Laws aimed to make the system for dealing with vagrants more
consistent. All local parishes were now supposed to provide poor relief to anybody
who was not physically fit to work. This group was known as the ‘deserving poor’
and included the elderly and disabled. The ‘undeserving poor’, who were fit to work,
would be punished severely. They could be branded or whipped, or sent to one of
the recently-opened houses of correction where they would be forced to work.
● The Poor Law Act of 1601 created a long-lasting distinction between those who
chose poverty over work and the problems of the infirm and disabled.
 2. Changes to the law Caused by Religion

A – The English Reformation

In the 16th century, Europe was rocked by religious instability and conflict. In 1517, a
German priest called Martin Luther protested against what he saw as corruption in the
Catholic Church. Luther’s followers became known as Protestants. Protestantism grew as
more people came to believe the Catholic Church needed reform - this movement is known
as the Reformation.

Whilst some people, including Edward VI and Elizabeth I, followed Protestantism, others
stayed committed to the Catholic Church. It was very important to these rulers that their
subjects followed their religious lead.

The many changes to law during this period show just how much power the monarch had in
deciding what counted as criminal activity, and how the definition of a crime could change
rapidly depending on the views of the person on the throne at the time. A change of ruler
could make the everyday religious activities of Protestants or Catholics into criminal acts.

The crimes of heresy and treason become linked as it is now a crime against both God and
the king to not be the same religion as the monarch.

Eg. Queen Mary I executed and exiled hundreds of people who opposed England’s return to
the Catholic faith in her reign. Most were burned at the stake, earning her the nickname of
"Bloody Mary". The number of people executed for their faith during the persecutions is
thought to be at least 287.

B – Cromwell and the Puritans after The English Civil War

King Charles I was accused of being a secret Catholic causing parliament and others to dislike
him. After parliament’s victory in the English Civil War and Charles I’s execution, the leader
of the parliamentary forces, Oliver Cromwell, took the title Lord Protector. He governed
England from 1653 until his death in 1658. During this period, some activities and
entertainments were made illegal. Eg. Playing Sport on a Sunday, pubs and theatres were
also closed. This is an example of how governments can have a central role in deciding what
is classed as a crime. The ban was lifted in 1660 when the monarchy was restored.

Cromwell was a radical Protestant - or Puritan. This gave him a very strict outlook. He
thought people should focus on religion and strive to have ‘pure souls’.

This affected the laws passed by parliament during the Protectorate. Many activities that
were previously quite ordinary were banned and became criminal acts. The banned
activities did not become legal again until the Protectorate was over.
Another change in the law at this time was the decriminalisation of recusancy. The laws that
said everyone must go to church or pay a fine were repealed in 1650.

The English Civil War was a time of religious instability which led to increased accusations of
witchcraft.

3. Treason and the Gunpowder Plot, 1605

Guy Fawkes is the best-known of the gunpowder conspirators, but he was not the leading
figure. That was Robert Catesby, who had a history of Catholic resistance. His father had
been imprisoned for hiding a Catholic priest, and he had refused to take a Protestant oath,
which meant he could not finish his university degree. He was responsible for recruiting the
other Gunpowder plotters, including: Guy Fawkes, Thomas Percy, Thomas Winton and Jack
Wright. Some historians claim that the group viewed themselves as religious soldiers, who
saw it as their duty to attack the religious state.

The conspiracy aimed to set off an explosion that would kill the king, and those close to
him, at the state opening of parliament on 5 November 1605. The elite of Protestant English
society would attend this important official occasion. They included senior judges, Protestant
bishops and members of the aristocratic ruling class.

The plotters wanted to break up this powerful ruling group and replace James I with his
daughter, Princess Elizabeth, who they would influence and control to promote their own
political and religious aims.

English Catholics were disappointed that James I continued to persecute English Catholics,
despite having a Danish Catholic wife.

The conspirators first met on 20 May 1604, to begin organising the attack. They rented a
house in central Westminster next to the parliament buildings. Guy Fawkes pretended to be
a servant who was looking after the house while his employer was away. They then rented a
cellar directly under the House of Lords and packed it with an estimated 36 barrels, holding
at least one ton of gunpowder in total.

On 20 October 1605, Lord Monteagle received a letter warning him not to attend the
ceremonial opening of parliament. Monteagle gave the information to Robert Cecil, the
king’s spy master, who ordered that Westminster should be searched. It was in this raid that
the gunpowder and Guy Fawkes were discovered.

Some historians argue that the authorities knew all about the plot in advance, but let it
proceed so that Catholic rebellion would be brought into the open, and there would be clear
justification for further Catholic persecution.

Torture was only legal in England if the king gave specific orders to use it in exceptional
circumstances due to the fact that Fawkes was charged with treason (one of the most
serious crimes). Guy Fawkes and his fellow conspirators were tortured to extract confessions
about their role in the plot. The most feared method of torture was known as the rack: a
wooden frame that was used to stretch the body, forcing limbs apart at the joints. Guy
Fawkes was questioned using this method of torture at the Tower of London as part of the
investigation into the plot. At first he refused to confess, or give up the names of his co-
conspirators; but on 17 November, 12 days after his arrest, he finally confessed.