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History · Crime and punishment in Britain, c1700-c1900
New Crimes and the Tolpuddle Martyrs
Smuggling, highway robbery and poaching - why they rose and fell - and how six Dorset farm labourers were transported for swearing an oath.
Learning Objectives
- 1Explain why smuggling, highway robbery and poaching increased, and why they declined.
- 2Explain why some of these were seen as "social crimes".
- 3Explain 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.
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Smuggling
Why it rose: High import taxes on tea, brandy and tobacco made smuggled goods very profitable. Why it declined: The government cut import taxes from the 1780s, so smuggling paid less
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Highway robbery
Why it rose: Travellers carried cash on quiet, unlit roads out of towns. Why it declined: Better roads, more traffic, mounted patrols and the use of banknotes and banks
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Poaching
Why it rose: Rural poverty, and harsh Game Laws that let only landowners hunt. Why it declined: Remained common; the Black Act and later laws kept punishments severe
Social Crimes
Crimes that many ordinary people did not see as really wrong.
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Smuggling
Many people bought cheap smuggled tea and brandy, and whole communities helped hide goods from the customs men.
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Poaching
Villagers believed wild animals belonged to everyone, and poached to feed their families.
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Why it mattered
Because communities protected smugglers and poachers, they were hard to catch and harder to convict.
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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.
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What it did
Made over 50 offences punishable by death, including poaching deer while in disguise.
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The "Blacks"
It was aimed at gangs who blackened their faces to poach in royal forests.
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Why
Landowners in Parliament wanted to protect their land, game and property.
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Significance
It was a key part of the Bloody Code, and shows the law being used to protect the wealthy.
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.
Why Were They Punished So Harshly?
The authorities wanted to send a message.
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Fear of revolution
The French Revolution had shown what could happen when working people organised against the ruling class.
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Unrest
The Swing Riots of 1830 had seen farm labourers smash machinery across southern England.
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Deterrence
A harsh sentence was meant to stop other workers forming unions.
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Why pardoned
Public protest showed the sentence was seen as unjust, and the government backed down.
Summary & Exam Focus
- 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.
Exam focus
Explain why the Tolpuddle Martyrs were punished so harshly in 1834. (12 marks) (12 marks)
Explain the authorities' fears - revolution, unrest, unions - not just what the men did.
Key terms
The vocabulary this lesson expects you to use. Each one is linked from the first place it appears above.
- 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.
Downloads
Free to keep, print and annotate.
- New Crimes and the Tolpuddle Martyrs.pptx Built from the lesson script on 23 September 2026. View
- New Crimes and the Tolpuddle Martyrs - Completed Notes.docx The full notes for the lesson, every gap filled in - to check against, or to revise from. Built from the lesson script on 23 September 2026. View
- New Crimes and the Tolpuddle Martyrs - Exam Questions.docx Built from the lesson script on 23 September 2026. View
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