This period saw dramatic changes in both the types of crimes committed and how society and the law viewed criminal behavior in Britain.
Continuity and Changes in Crimes, 1700–1900
Highway Robbery
Highway robbery—attacking travelers on public roads—was a serious threat in the early 18th century. It became a symbol of lawlessness, especially around major roads leading to and from London.
Causes of prevalence:
Roads were often poorly lit, isolated, and lacked patrols, making them easy targets.
Increased movement of people and goods due to the growth of commerce and travel.
The availability of horses and firearms made robbery easier for criminals.
Impact on society:
It posed a danger to merchants, mail coaches, and ordinary travelers.
Created public fear and pressure on authorities to improve road safety.
Romanticized by some sections of society—figures like Dick Turpin became folk heroes, despite their criminal behavior.
Decline of highway robbery by the early 1800s due to:
Improved road networks and policing.
The introduction of mounted patrols and the spread of turnpike trusts that maintained better roads.
Growth of banks reducing the need for individuals to carry large sums of cash.
Poaching
Poaching—the illegal hunting of animals on private land—continued from earlier periods but became more politicized and widely resisted in the 18th and 19th centuries.
Persistence and growth:
Peasants often relied on poaching to supplement food or income.
Enclosure of common lands restricted access to hunting grounds, increasing resentment.
Harsh legal penalties:
The Black Act of 1723 introduced over 50 new capital offenses, many targeting poaching-related crimes.
Even being armed or disguised in a forest was punishable by death.
Social and economic tension:
Seen as a crime by landowners, but as a form of resistance by the poor.
Often carried out by gangs, leading to fears of organized rural crime.
Gradual changes:
Later in the 19th century, penalties became less severe.
By the end of the century, attitudes toward hunting and land ownership had shifted, reducing the urgency of prosecuting poaching.
Smuggling
Smuggling—the illegal import of goods to avoid customs duties—was a major crime in coastal regions, especially in the 18th century.
Factors driving smuggling:
High import taxes on goods like tea, alcohol, and tobacco made smuggling extremely profitable.
Demand for cheaper goods among the population.
Weak and corrupt customs enforcement.
Smuggling gangs:
Large-scale operations such as the Hawkhurst Gang operated along the southern coast.
Used violence and intimidation to protect their trade.
Public perception:
Often tolerated or even supported by local communities who benefited from cheap goods.
Smugglers were sometimes viewed as local heroes, defying the wealthy and the state.
Decline:
Falling import duties in the 19th century reduced the profitability of smuggling.
Better coastguard enforcement and improved naval patrols.
Development of customs infrastructure and transport networks.
Evolving Definitions of Crime
Decline of Witchcraft Prosecutions
By 1700, belief in witchcraft as a criminal offense began to decline. During earlier centuries, accusations of witchcraft had led to executions, mostly of women. However, new ideas emerged during the Enlightenment period that questioned traditional superstitions.
Key developments:
Last execution for witchcraft in England occurred in 1685.
The Witchcraft Act of 1736 repealed previous laws and made it a crime to accuse someone of witchcraft or claim magical powers for financial gain.
Reasons for the change:
The spread of scientific thought and rationalism led many to reject beliefs in magic.
Increasing use of evidence-based trials rather than superstition.
Shift in focus from spiritual crimes to offenses against property and the state.
Social significance:
Reflected a broader transformation in British society, from religious to secular thinking in law and government.
Reinforced the role of the state in defining and regulating crime through rational legal codes.
The Tolpuddle Martyrs and Political Crimes
The case of the Tolpuddle Martyrs in 1834 marked a turning point in how political activism was treated by the legal system and viewed by the public.
Background:
Six agricultural laborers from Tolpuddle, Dorset, formed a friendly society (early trade union) to protest declining wages.
They swore a secret oath, which the government used to prosecute them under an old law meant to suppress mutinies.
Government response:
The men were sentenced to seven years of transportation to Australia.
The harsh punishment was intended as a deterrent against unionizing and collective worker action.
Public reaction:
Widespread protests and support campaigns followed, with over 800,000 petition signatures collected for their release.
The martyrs were eventually pardoned and returned to Britain by 1837.
Legacy and changing views:
Highlighted growing public sympathy for workers' rights and freedom of association.
Illustrated the tension between traditional legal frameworks and emerging political movements.
Contributed to a reevaluation of what constituted a 'crime'—was organizing for better wages truly criminal?
Political Activism and the Law
The 18th and 19th centuries saw significant changes in how political crimes were defined and prosecuted. Growing demands for reform, better labor conditions, and political representation brought new challenges to legal authorities.
Examples of political activism criminalized:
Formation of trade unions and workers' associations.
Participation in strikes and protests.
Distribution of radical pamphlets or seditious speech.
Government approach:
Often responded with repression, fearing revolution similar to events in France (1789) or unrest caused by industrial change.
Used laws on sedition, treason, and unlawful assembly to target political activists.
Gradual legal change:
By the late 19th century, labor movements gained more acceptance.
Laws restricting union activities were reformed, especially after cases like the Tolpuddle Martyrs gained sympathy.
Political reform acts expanded suffrage and reduced the perception of reformers as criminals.
Broader Impact of These Changes
Shift from Traditional to Modern Views on Crime
Traditional crimes like witchcraft, poaching, and highway robbery lost their centrality in legal discussions by the 19th century.
New social and economic conditions (urbanization, industrialization) brought attention to crimes like theft, fraud, and organized protest.
Criminal law increasingly focused on protecting property and maintaining order in a rapidly changing society.
Influence of Enlightenment and Rational Thought
Ideas from Enlightenment thinkers encouraged skepticism about old laws rooted in superstition or social hierarchy.
Rationalism and utilitarianism, particularly the ideas of Jeremy Bentham, influenced views that crime should be defined by harm caused, not tradition.
This contributed to the move away from excessive punishments and the reevaluation of who was labeled a criminal.
The Role of Public Opinion
Public attitudes began to play a more important role in shaping justice:
Sympathy for the Tolpuddle Martyrs and critiques of harsh punishments spurred legal reforms.
Media coverage and petitions became tools for influencing government policy on criminal justice.
Increased literacy and political awareness led to greater scrutiny of how the law treated different social classes.
These changes in crime and its definitions from 1700 to 1900 mark a crucial transformation in British history. They reflect a society grappling with industrialization, modernization, and the emergence of political consciousness—moving from punishing superstition and tradition to recognizing rights and rational governance.
FAQ
Highway robbery surged in the early 1700s due to a combination of poor infrastructure, lack of effective policing, and socio-economic factors. Roads were poorly maintained and unlit, especially outside urban areas, making it easy for robbers to ambush travelers. The absence of a centralized or professional police force meant enforcement was inconsistent, and many rural areas had little to no law enforcement presence. Economic hardship also played a role—after wars or poor harvests, many ex-soldiers and unemployed laborers turned to crime as a means of survival. Additionally, the growth in trade meant more people were traveling with money or goods, particularly on key routes like those leading to London. The use of coaches and horses allowed highwaymen to strike quickly and escape with ease. The glamorization of highwaymen in stories and ballads also contributed to a romantic image that masked the violent reality, making the crime appear bold or even heroic to some.
Local communities often played a significant role in supporting crimes like smuggling and poaching, either by actively participating or by turning a blind eye. In coastal areas, entire villages might be involved in smuggling operations, helping to unload and hide contraband goods such as tea, tobacco, and spirits. These goods were in high demand and smuggling allowed people to buy them at lower prices than taxed versions. Poaching was also seen as a traditional right, especially after common lands were enclosed, leaving many without access to hunting grounds. Communities would often protect known poachers from law enforcement by refusing to give evidence or by spreading false information. In some cases, juries deliberately acquitted known offenders due to widespread sympathy for their circumstances. This communal backing challenged the authorities' ability to enforce the law, highlighting how far public attitudes could diverge from legal standards, particularly when laws were perceived as benefiting the rich at the expense of the poor.
The press and public campaigns played a crucial role in transforming public perception of political crimes in the 19th century. As literacy rates increased and printing became cheaper, newspapers, pamphlets, and posters became powerful tools for influencing opinion. In cases like the Tolpuddle Martyrs, the press helped generate widespread sympathy by reporting on the harshness of their punishment and framing them as victims of injustice rather than criminals. Public campaigns—including petitions, rallies, and demonstrations—amplified this message and put pressure on the government to reconsider its stance. These efforts showed the growing importance of public opinion in legal matters, particularly regarding crimes connected to labor rights, free speech, or political activism. Activists and reformers used the media to argue that such “crimes” were expressions of basic freedoms rather than threats to order. Over time, this contributed to legal reforms and greater tolerance for political expression, reflecting how society increasingly questioned the definition and purpose of certain laws.
The government’s harsh response to trade union activity in the early 19th century stemmed from fears of revolution, instability, and loss of elite control. After the French Revolution and its violent aftermath, British authorities became deeply concerned that political agitation could lead to similar upheaval. Trade unions, especially those that involved secret oaths or coordinated strikes, were viewed as potential hotbeds of radicalism. Many in government and the upper classes saw collective action by workers as a direct threat to property rights, economic productivity, and social hierarchy. Unions challenged traditional labor relationships, where employers had significant control over wages and working conditions. As a result, the government used existing laws—such as those prohibiting secret societies—to prosecute union members, like the Tolpuddle Martyrs. These actions were also intended to deter others from organizing, maintaining control during a period of rapid industrial and social change. Only later, through sustained public pressure and changing attitudes, were these repressive laws relaxed.
Enlightenment thinking had a profound impact on how crime was defined and understood in the 18th and 19th centuries. Enlightenment philosophers emphasized reason, individual rights, and the idea that laws should be based on logic and fairness rather than tradition or superstition. This rational approach led to increasing skepticism toward older laws rooted in religious beliefs, such as those that criminalized witchcraft. Legal thinkers began to question the morality and effectiveness of laws that punished people for actions that did not cause harm to others. Influenced by Enlightenment ideas, reformers argued that justice should be proportional and serve a social purpose, such as rehabilitation or deterrence, rather than revenge. This led to a shift in focus from crimes against religion or authority (like witchcraft or political dissent) to crimes that directly affected individuals and property. Over time, this contributed to the repeal of outdated laws, the introduction of more consistent legal procedures, and a broader movement toward fairness in the justice system.
Practice Questions
Explain one way in which smuggling in the 18th century was similar to poaching.
Both smuggling and poaching in the 18th century were seen by many as crimes of necessity and resistance against unfair laws. They were often carried out by the poor and targeted the wealthy or the government. In both cases, local communities often supported or ignored the crimes, as they benefitted from cheaper goods or access to food. Additionally, both crimes were heavily punished by harsh laws like the Black Act. Despite being illegal, they were viewed by many as morally acceptable, highlighting growing tensions between the law and public opinion during the period.
Explain one way in which the definition of crime changed in the 18th and 19th centuries.
One major change in the definition of crime during this period was the decline of witchcraft prosecutions and the rise of political crimes. Witchcraft had once been considered a serious spiritual crime, but by 1736, laws had been repealed, reflecting a shift toward rational thinking and science. In contrast, organizing protests or forming trade unions—like in the Tolpuddle Martyrs case—began to be seen as criminal acts threatening social order. This change shows how the legal system adapted to new social and political realities, redefining crime based on the evolving needs of industrial and political society.
