In 1689 there were 50 offences on the statute book punishable by death in
England and Wales, but that number had almost quadrupled by 1776, and it reached 220 by the end of the century. Most of the new laws introduced during that period were concerned with the defence of property, which some commentators have interpreted as a form of class suppression of the poor by the rich.
George Savile, 1st Marquess of Halifax, expressed a contemporary view when he said that "Men are not hanged for stealing horses, but
that horses may not be stolen."
Grand larceny was one of the crimes that drew the death penalty; it was defined as the theft of goods worth more than 12
pence, about one-twentieth of the weekly wage for a skilled worker at the time. In the
Kingdom of Ireland, a subordinate but separate state, a similar "Bloody Code" existed, but there were not as many capital crimes.
Penal transportation As the number of capital crimes increased, lawmakers sought a less harsh punishment that might still deter potential offenders. Therefore
penal transportation with a term of indentured servitude became a more common punishment. This trend was expanded by the
Transportation Act 1717 (16 Geo. 3 c.43), which regulated and subsidised the practice, until its use was suspended by the
Criminal Law Act 1776. With the
American Colonies in
active rebellion, parliament claimed its continuance was "found to be attended with various inconveniences, particularly by depriving this kingdom of many subjects whose labour might be useful to the community, and who, by proper care and correction, might be reclaimed from their evil course." This law would become known as the Hard Labour Act and the Hulks Act for both its purpose and
its result. With the removal of the important transportation alternative to the death penalty, it would in part prompt the use of prisons for punishment and the start of
prison building programmes. In 1785
Australia was deemed a suitably desolate place to
transport convicts; transportation resumed, now to a specifically planned
penal colony, with the departure of the
First Fleet in 1787. It has been estimated that over one-third of all criminals convicted between 1788 and 1867 were transported to Australia, including
Van Diemen's Land (now
Tasmania). Some criminals could escape transportation if they agreed to join the
British Army. Jurist
William Blackstone said of the Bloody Code:
Crimes Leon Radzinowicz listed 49 pages of "Capital Statutes of the Eighteenth Century" divided into 21 categories: •
High treason, including offences against the
Protestant succession and the
Protestant establishment • Other offences against the State • Offences against public order, including
riot and destruction of
flood defences and bridges • Offences against the
administration of justice • Offences against
public health • Offences against
public revenue, including
smuggling •
Petty treason and
murder • Stabbing, maiming and shooting at any person •
Rape,
forcible abduction and other
sexual offences • Simple
grand larceny and allied offences •
Burglary and allied offences • Larceny from the person • Larceny and
embezzlement by servants,
Post Office employees, clerks and other
agents •
Blackmail • Offences by
bankrupts •
Forgery of deeds, bonds, testaments, bills of exchange, stocks, stamps, banknotes, etc. • Falsely
personating another with intent to defraud • Destroying ships to the prejudice of
insurance companies •
Coinage offences • Malicious injuries to property, including
arson •
Piracy ==Relaxation of the law==