EDEXCEL GCSE HISTORY · PAPER 1 · CRIME & PUNISHMENT
New Crimes and the Tolpuddle Martyrs
c1700-c1900 · Chapter 3: Crime and punishment in Britain, c1700-c1900, c1700-c1900 · Lesson 2 of 4
Teacher copy - includes the notes for whoever is teaching from it.
Learning Objectives
1. Explain why smuggling, highway robbery and poaching increased, and why they declined.
2. Explain why some of these were seen as "social crimes".
3. Explain why the Tolpuddle Martyrs were punished so harshly, and why they were pardoned.
Setting the Scene
Some crimes of the 1700s and 1800s were not new actions, but they became far more common or were treated far more seriously. Many were seen by ordinary people as social crimes - illegal, but not really wrong. Others were created because the authorities feared that working people were becoming too organised.
1723 - The Black Act makes poaching in disguise punishable by death. | 1739 - Highwayman Dick Turpin is hanged at York. | 1740s - The Hawkhurst Gang of smugglers terrorises the south coast. | 1784 - The government cuts the tax on tea, making smuggling less profitable. | 1834 - Six Dorset farm labourers - the Tolpuddle Martyrs - are transported. | 1836 - The Tolpuddle Martyrs are pardoned.
Three Crimes of the Period
Each rose for its own reasons - and fell for its own reasons.
|
Crime |
Why it rose |
Why it declined |
|---|---|---|
|
Smuggling |
High import taxes on tea, brandy and tobacco made smuggled goods very profitable |
The government cut import taxes from the 1780s, so smuggling paid less |
|
Highway robbery |
Travellers carried cash on quiet, unlit roads out of towns |
Better roads, more traffic, mounted patrols and the use of banknotes and banks |
|
Poaching |
Rural poverty, and harsh Game Laws that let only landowners hunt |
Remained common; the Black Act and later laws kept punishments severe |
Social Crimes
Crimes that many ordinary people did not see as really wrong.
▸ Smuggling. Many people bought cheap smuggled tea and brandy, and whole communities helped hide goods from the customs men.
▸ Poaching. Villagers believed wild animals belonged to everyone, and poached to feed their families.
▸ Why it mattered. Because communities protected smugglers and poachers, they were hard to catch and harder to convict.
▸ The authorities' view. Landowners and the government saw these as serious threats to property and tax income.
The Black Act, 1723
One law added dozens of new capital crimes.
▸ What it did. Made over 50 offences punishable by death, including poaching deer while in disguise.
▸ The "Blacks". It was aimed at gangs who blackened their faces to poach in royal forests.
▸ Why. Landowners in Parliament wanted to protect their land, game and property.
▸ Significance. It was a key part of the Bloody Code, and shows the law being used to protect the wealthy.
Case Study
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CASE STUDY The Tolpuddle Martyrs, 1834 In 1834 six farm labourers from Tolpuddle in Dorset, led by George Loveless, formed a union to protest against cuts to their wages. Trade unions were legal, but the men had sworn a secret oath, and they were convicted under the Unlawful Oaths Act of 1797. They were sentenced to seven years transportation to Australia. The harsh sentence caused huge protests: a petition with around 800,000 signatures and a mass march in London. In 1836 the men were pardoned, and they later returned home. |
|
7 years Their sentence of transportation |
800,000 Signatures on the petition calling for their release |
Why Were They Punished So Harshly?
The authorities wanted to send a message.
▸ Fear of revolution. The French Revolution had shown what could happen when working people organised against the ruling class.
▸ Unrest. The Swing Riots of 1830 had seen farm labourers smash machinery across southern England.
▸ Deterrence. A harsh sentence was meant to stop other workers forming unions.
▸ Why pardoned. Public protest showed the sentence was seen as unjust, and the government backed down.
Key Terms
|
Social crime A crime many people do not see as really wrong, such as smuggling or poaching. |
Smuggling Bringing goods into the country secretly to avoid paying import taxes. |
|
Highway robbery Robbing travellers on the road, often at gunpoint. |
Poaching Hunting animals on someone else's land without permission. |
|
Black Act A 1723 law making over 50 offences, including poaching in disguise, punishable by death. |
Tolpuddle Martyrs Six Dorset labourers transported in 1834 for swearing a secret union oath. |
|
Trade union An organisation of workers that campaigns for better pay and conditions. |
|
Summary
✓ Smuggling, highway robbery and poaching rose for different reasons.
✓ Smuggling and poaching were social crimes, protected by communities.
✓ Smuggling declined when taxes were cut; highway robbery when travel became safer.
✓ The Tolpuddle Martyrs were transported in 1834 to deter unions, then pardoned in 1836.
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EXAM FOCUS Explain why the Tolpuddle Martyrs were punished so harshly in 1834. (12 marks) Explain the authorities' fears - revolution, unrest, unions - not just what the men did. |
Exam Practice - New Crimes
Answer all questions. Use specific names, dates and examples in every answer. · 35 minutes
▸ Question 1 · 4 marks · Explain one way. Explain one way in which attitudes to smuggling in the eighteenth century were similar to attitudes to poaching in the eighteenth century.
▸ Question 2 · 12 marks · Explain why. Explain why the Tolpuddle Martyrs were punished so harshly in 1834. You may use the following in your answer: the secret oath; fear of…
▸ Question 3 · 16 marks · How far do you agree?. "The main reason for the decline of smuggling and highway robbery was the work of the authorities." How far do you agree? Explain your…
Question 1 · 4 marks · Explain one way
|
“Explain one way in which attitudes to smuggling in the eighteenth century were similar to attitudes to poaching in the eighteenth century.” |
HOW TO ANSWER IT Command word: Explain one way. Worth 4 marks, so plan before writing.
Question 1 · mark scheme
4 marks available. Award a mark for each point made.
▸ A valid similarity identified. 1-2 marks
▸ Supported with specific knowledge of both crimes. 3-4 marks
▸ Model answer. Both smuggling and poaching were seen by many ordinary people as social crimes - illegal, but not really wrong. Many people happily bought cheap smuggled tea and brandy and helped hide goods from customs officers, while villagers believed wild animals belonged to everyone and saw poaching as a way to feed their families. In both cases local communities protected the criminals, which made them hard to catch and convict.
Question 2 · 12 marks · Explain why
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“Explain why the Tolpuddle Martyrs were punished so harshly in 1834. You may use the following in your answer: the secret oath; fear of revolution. You must also use information of your own.” |
HOW TO ANSWER IT Command word: Explain why. Worth 12 marks, so plan before writing.
Question 2 · mark scheme
12 marks available. Award a mark for each point made.
▸ Level 1 (1-3). A simple or general answer
▸ Level 2 (4-6). Some explanation of one or more reasons, with some knowledge
▸ Level 3 (7-9). A developed explanation linked to the question, with accurate knowledge
▸ Level 4 (10-12). An analytical explanation of several reasons, with knowledge that goes beyond the stimulus points
▸ Model answer. One reason was that the men had broken the law by swearing a secret oath. Trade unions were legal, but George Loveless and the other five labourers were convicted under the Unlawful Oaths Act of 1797, and the court used this to give them the maximum sentence of seven years transportation to Australia. A second reason was the authorities' fear of revolution. The French Revolution had shown how working people could overthrow the ruling class, and the government and landowners feared that trade unions might lead to similar unrest in Britain. Secret oaths made the union look like a dangerous conspiracy. A third reason, beyond the stimulus, was recent unrest in the countryside. The Swing Riots of 1830 had seen farm labourers across southern England smash threshing machines and burn ricks. The harsh sentence was meant as a deterrent to stop other farm workers organising, which is why it was so severe for what was a peaceful protest over wages.
Question 3 · 16 marks · How far do you agree?
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“"The main reason for the decline of smuggling and highway robbery was the work of the authorities." How far do you agree? Explain your answer. You may use the following in your answer: import taxes; mounted patrols. You must also use information of your own. (16 marks, plus 4 for spelling…” |
HOW TO ANSWER IT Command word: How far do you agree?. Worth 16 marks, so plan before writing.
Question 3 · mark scheme
16 marks available. Award a mark for each point made.
▸ Level 1 (1-4). A simple or generalised answer
▸ Level 2 (5-8). Some analysis, with a judgement that is asserted
▸ Level 3 (9-12). Analysis of both sides with accurate knowledge and a supported judgement
▸ Level 4 (13-16). Sustained analysis, knowledge beyond the stimulus, and a clear, justified judgement
▸ SPaG (4). Accurate spelling, punctuation and grammar, with specialist terms such as smuggling and social crime
▸ Model answer. On the one hand, the authorities played an important part. The government's decision to cut import taxes from the 1780s, such as the tax on tea in 1784, removed the profit from smuggling, so this was a direct result of government action. Against highway robbery, mounted patrols on the roads around London made it more dangerous for highwaymen, and famous highwaymen such as Dick Turpin were hanged as a warning. On the other hand, wider changes in society mattered as much. Highway robbery declined because roads improved and became busier, so there were fewer quiet stretches where travellers were alone, and because people increasingly used banks and banknotes instead of carrying large amounts of cash. Towns grew outwards, lighting and traffic increased, and robbing coaches became harder and less rewarding. Overall, for smuggling the authorities' decision to cut taxes was the main reason for its decline, but for highway robbery changes in travel and banking were more important than policing. So the statement is true for smuggling but only partly true for highway robbery.