Early Modern Challenges: 1500–1700 · Spring Term

The Bloody Code: Expansion of Capital Crimes

The expansion of the death penalty to over 200 offences.

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'.

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

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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

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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

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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.

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.

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