History · Year 10 · Early Modern Challenges: 1500–1700 · Spring Term

The Bloody Code: Expansion of Capital Crimes

The expansion of the death penalty to over 200 offences.

• National Curriculum Attainment Targets
• GCSE: History - Crime and Punishment Through Time
• GCSE: History - Early Modern England

About This Topic

The 'Bloody Code' refers to the period between the late 17th and early 19th centuries when the number of crimes carrying the death penalty rose to over 200. Surprisingly, this included minor offences like 'stealing a rabbit' or 'being in the company of gypsies'. This topic explores why the government turned to such extreme deterrence and how the system of 'royal pardons' actually meant that many people escaped the gallows.

Students will investigate the paradox of the Bloody Code: as the laws became harsher, juries became more reluctant to convict. This is a vital lesson in the effectiveness of punishment versus the reality of enforcement. Active learning through a 'Pardon Simulation' helps students understand the complex negotiations that took place behind the scenes of the 'theatre of the law'.

Key Questions

1. Explain why the number of capital crimes increased as the 18th century approached.
2. Evaluate if the Bloody Code was an effective deterrent.
3. Analyze how the 'Pardon' system mitigated the severity of the law.

Learning Objectives

• Analyze the social and economic factors that led to the expansion of capital crimes in England between 1500 and 1700.
• Evaluate the effectiveness of the Bloody Code as a deterrent against crime, using historical evidence.
• Explain the function and impact of the royal pardon system in mitigating the harshness of capital punishment.
• Compare the stated aims of the Bloody Code with its practical application and outcomes.

Before You Start

Medieval Crime and Punishment

Why: Students need a foundational understanding of earlier legal systems and punishments to analyze the changes and continuities leading to the Bloody Code.

Social Hierarchy and Justice in Tudor England

Why: Understanding the social structures and attitudes of the period helps explain the motivations behind harsher laws and their selective application.

Key Vocabulary

Bloody Code	A period in English legal history when the number of crimes punishable by death increased significantly, reaching over 200 by the late 18th century.
Capital crime	A crime that is punishable by death.
Transportation	A form of punishment where convicted criminals were sent to penal colonies, often in North America or Australia, as an alternative to execution.
Royal Pardon	An official act of forgiveness by the monarch, which could commute a death sentence to another punishment, such as transportation or imprisonment.
Felony	A serious crime, typically one involving violence, for which the offender can be punished by imprisonment for more than one year or by death.

Watch Out for These Misconceptions

Common Misconception

Everyone who committed a capital crime was hanged.

What to Teach Instead

In reality, execution rates actually dropped as the number of capital crimes rose. Juries often 'undervalued' stolen goods to save the accused. A simulation of jury deliberations helps students see this 'pious perjury' in action.

Common Misconception

The Bloody Code was effective at stopping crime.

What to Teach Instead

Crime continued to rise because people didn't believe they would actually be caught or executed. Peer discussion helps students understand the difference between 'harshness' and 'certainty' of punishment.

Active Learning Ideas

Simulation Game: The Pardon Game

Students are given 10 'convicts' on death row for minor crimes. They have only 3 'pardons' to give out. They must debate which criminals deserve to live based on character references and the nature of the crime.

35 min·Small Groups

Inquiry Circle: The List of 200

Provide a list of capital offences. Students must categorise them (e.g., property, person, state) and identify the 'most ridiculous' one, discussing why property was valued so highly.

25 min·Pairs

Think-Pair-Share: Does it Deter?

Students discuss whether they would be more or less likely to steal if the punishment was death. They then consider why crime rates actually went up during this period.

15 min·Pairs

Real-World Connections

• Historians specializing in legal history, such as those at the National Archives, analyze surviving court records and legislation to understand the evolution of criminal law and its societal impact.
• Legal scholars and criminologists today study historical patterns of punishment, like the Bloody Code, to inform contemporary debates on sentencing, deterrence, and the justice system's fairness.

Assessment Ideas

Discussion Prompt

Pose the question: 'Was the Bloody Code a success or failure in its aims?' Ask students to take a stance and support it with at least two specific examples of crimes, punishments, or pardon outcomes discussed in class. Encourage them to consider different perspectives, such as those of the accused, the judges, and the general public.

Quick Check

Provide students with a short case study of a person convicted under the Bloody Code, detailing their crime and sentence. Ask them to write a paragraph explaining whether they think this individual would have been executed, transported, or pardoned, and why. This checks their understanding of the pardon system's variability.

Exit Ticket

On an index card, have students write one reason why the number of capital crimes increased and one way the pardon system acted as a 'safety valve' for the legal system.

Frequently Asked Questions

Why did the number of capital crimes increase?

The ruling classes were terrified of the growing 'landless' poor and the threat to their property. They believed that making almost every theft a capital crime would act as a powerful deterrent to protect their wealth.

What was 'pious perjury'?

This was when a jury would deliberately lie about the value of a stolen item. For example, if stealing 40 shillings was a capital crime, the jury might claim the item was only worth 39 shillings so the person wouldn't be hanged.

How did the pardon system work?

After a death sentence was passed, the judge could recommend a 'royal pardon'. This often changed the sentence to transportation or a shorter prison stay. It allowed the law to look 'tough' while appearing 'merciful' at the same time.

How can active learning help students understand the Bloody Code?

By participating in a 'Pardon Simulation', students see that the law was a negotiation, not just a set of rigid rules. They understand the 'theatre' of the law, where the threat of death was often more important than the execution itself. This nuance is essential for high-level GCSE analysis of the 18th-century legal system.