Although witches, or the fear of them, date to Biblical times, it wasn’t until 1542 that the first English statute on witchcraft was enacted by King Henry VIII (1491-1547). His son Edward VI (1537-1553) repealed it, but then Elizabeth I (1533-1603) put her own 1563 statute on the books. She divided witchcraft into greater and lesser crimes. Invoking evil spirits or killing someone through sorcery was punishable by death, while injuring people or property meant a year of imprisonment and time in the pillory. Second acts meant death. However, it was during the Stuart dynasty when witchcraft accusations ran rampant, since King James I (1566-1625) not only added his own statutes, he wrote a book on the subject.
English laws and the penalties for breaking them were harsh.
While the Tudor era ended before the Winthrop fleet arrived on the shores of
Massachusetts Bay Colony, some of the crueler penalties were not abolished
until the 19th century. Fortunately, the Puritan colonists created the first 100
rules of 1641's Body of Liberties based on the Bible—and used more humane treatment compared to what they left behind in England.
In 1692 Salem, Massachusetts, however, when Giles Corey refused to enter a
plea in court, he was pressed to death for it. This gruesome punishment, also
known as Peine forte et dure, was only used once stateside. But it was not
abolished in England until 1772. In fact, in English courts the accused was not given the option
of pleading “not guilty” until 1827.
Other examples include a thief who steals bread
could get a hand cut off, while a vagrant could get branded with the letter V.
Some punishments were designed for maximum humiliation, with the crowds
throwing rotten foodstuff at convicts in the cart or at the pillory. That was
tame compared to being drawn and quartered, then hanged—again, with crowd
participation.
If you’re looking for more details on Crime and Punishment in Tudor England, pick up the new book by April Taylor. The author provides
background information on lawmaking, prisons, and courts systems—and 23 pages
of punishments, from beheading to whipping. In the second half of the book,
crimes from sumptuary laws to treason are covered in alphabetical order, each
followed by case studies. You’ll learn what evidence could be used
against the accused, what tortures could be applied to gain a confession, and
even the strategies used for the criminal’s demise.
Taylor turns crime and punishment in the Tudor period into a
fascinating read, while the alpha-order format makes it easy to browse through
or do research.
Prerelease book provided by NetGalley and Pen & Sword History for review consideration.
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