The Study Of Female Crimes In Early Modern England And The Gender Factors In The Court Trial

The early modern England was a period of economic and social transformation before the British industrial revolution.In this period,great changes took place.As the disadvantaged group,female's crimes in the middle and lower ranks became a serious social problem.However,domestic scholars have seldom touched this topic,lacking classificatory analysis.Therefore,this article will discuss the different types of female's crimes,analyze the social roots behind this phenomenon,and look for the influence of gender factors in the trial of the court.This article is composed of three chapters.The first chapter introduces female crimes in early modern England.There are four categories:property crimes,crimes of violence,sexual immorality,and other crimes such as verbal transgression(scolding)and witchcraft.Both male and female involved in property and violent crimes.In property crimes,women mainly stole goods related to domestic,such as clothes,candlestick,etc.In violent crimes,the victims assaulted or killed by women were mainly family members and their neighbors.Sexual immorality included fornication,adultery and prostitution.In sexual crimes,maidservants and prostitutes were mainly forced to choose prostitution for livelihood,while married women were more likely to have marital discord and committed adultery.Scolding and witchcraft were typical female's crimes,which were considered to challenge the social order.The second chapter discusses the court's trial of female crimes.This chapter mainly displays the gender difference in the court through the investigation of the conviction and sentencing of property crimes,crimes of violence,sexual immorality and witchcraft.In court trial,the differences between male and female offenders were quite clear:In most cases,except certain felony,men were entitled to the benefit of the clergy,but women could not enjoy it.Referring to the norm of gender,when women committed to theft,domestic violence and sexual immorality,they were punished more severely than men.Witchcraft was considered to be a persecution against women.The offenders accused of witchcraft were almost single women,who were old and poor.Once accused,the offender would be put to death.The third chapter analyzes the gender factors in female crimes.In early modern England,the society's attitude towards female crimes was mainly reflected in the women's view of society and the gender factors in the law court.Under patriarchy,women were still subordinate,and they were not recognized as "a complete person" in law.The fact of the trial of female crimes not only reconfirmed patriarchy,but also strengthened it.In the public opinion,the women who committed crimes against the mainstream view of women were the fallen women of the transgression,and they were certainly criticized for their vicious and lewd labels.Through the comparison of male and female trials in the court,we can draw the conclusion:Although English Common Law tolerated women in certain crimes,the ultimate purpose was to protect the usual social order and put women under the powerful male power once more.Women committing crimes is a common phenomenon in the course of human history,but in different times it has different acts and is treated differently by the court.The investigation of the characteristics of the female crimes,the definition of criminal behavior and the analysis of gender factors in early modern England is helpful to understand the society of this period.And it is also meaningful to the current legal system of our times as well as the social policy.