In the years after 1660 the number of offences carrying the death penalty increased enormously, from about 50, to 160 by 1750 and to 288 by 1815. You could be hanged for stealing goods worth
5 shillings (25p), stealing from a shipwreck, pilfering from a Naval Dockyard, damaging Westminster Bridge, impersonating a
Chelsea Pensioner or
cutting down a young
tree. This series of laws was called (later) "The
Bloody Code."
Why was the
Bloody Code passed? After the turmoil of the 17th century, the landowning class emerged as supreme rulers of Britain. They
based their power on property-ownership, and saw the
law's main purpose as protecting property. They were ruling a country of 6.5 million, most of whom had no political rights whatsoever. The crime rate was not high, actually, (see Gallery Crime 1450-1700), but they feared that it was, as towns grew in size and the old village community crumbled. There was also no
police force (see Gallery Crime Prevention 1450-1700). The Bloody Code was therefore a threat: severe retribution would happen to those thinking of breaking the
law by infringing property rights.
A great
deal was made of hangings. They were held in public and thousands turned out to watch, especially in
London, at Tyburn (see Tyburn Jig). The intention was clearly to act as a deterrent to others to observe the laws -or else.
Yet, in fact, fewer people were hanged under the Bloody Code than before it. Numbers of people hanged per year in
London and Devon:
Early 17th century Early 18th century
London 150 20
Devon 25 3
Offenders escaped the noose at many points: sometimes the charge was reduced to below capital levels (this could go to ridiculous lengths, as in the charge "Stole £5 value 10 pence"). Juries were reluctant to find people guilty. Judges let offenders off and offenders sometimes agreed to join the
army or navy instead. As a last resort, petitions for mercy were often answered. The system therefore held the death threat in readiness, but could show mercy: either way, power of life or death lay with the powerful.
