Crimes in Early Modern England

This section explores crimes in early England. The early modern period of England (roughly the 16th and 17th centuries) witnessed both continuities and significant changes in the types of crimes committed, as well as in society’s perception and definition of crime. While certain criminal acts persisted from the medieval period, the era also experienced social transformations that contributed to an increase in crime and a heightened fear of criminal activity. These changes were rooted in the evolving social, political, and economic landscape of England.

Continuity in the Nature of Crimes

Despite the many societal changes, many types of crime in early modern England remained similar to those seen in the medieval period. The key categories of crime that continued into the early modern era included:

• Murder: This remained a crime against the person, continuing to be punishable by severe penalties, including execution.
• Petty Theft: The stealing of food, household items, and other everyday goods continued as a crime against property. Such theft was often driven by poverty and the need to survive.
• Treason: A crime against authority, treason remained a serious offence. Acts of treason were considered a threat to the monarchy and the state, with harsh punishments, such as execution, for those found guilty.

While the nature of these crimes did not fundamentally change, the social and legal response to them evolved in significant ways.

Changes in Society

Several important social and economic changes took place during the early modern period, which contributed to the rise in crime and the changing nature of criminal activity.

Population Growth and Urbanisation

Between the 16th and 17th centuries, England saw substantial population growth and urbanisation. As trade flourished and new towns developed, the population became increasingly concentrated in urban areas. This created economic pressures on the poorer sections of society, many of whom struggled to find steady work.

• Rural Poverty: In rural areas, people increasingly found it difficult to support themselves and their families, particularly when harvests were poor and food prices rose. Many resorted to petty theft to survive, often stealing food or small household items they could not afford to buy.
• Urban Crime: Urbanisation also made crime easier to commit. In busy towns, there were more opportunities for theft, and with crowded streets, it was easier for criminals to evade capture. As a result, petty theft became more prevalent in urban areas, driven by necessity.

Enclosure

One of the significant economic changes in early modern England was the expansion of enclosure, the process of converting common land and open fields into privately owned, fenced-off enclosures, often for sheep farming.

• Impact on the Poor: Enclosure reduced the amount of land available for the poorer classes, who relied on common land for grazing animals and growing food. As land was taken over by wealthy landowners, many peasants were left without the means to sustain themselves. Without access to land, many resorted to crime, such as petty theft, poaching, and illegal fishing, to survive.
• Resistance to Enclosure: Some local communities resisted enclosure by destroying fences and hedges, often leading to violent confrontations. However, these acts of resistance were treated as crimes, and the law typically sided with the landowners.
• The 1671 Game Act: This law made it illegal to take food, such as rabbits and hares, from privately owned land. It reflected the growing distrust of the poor, with landowners seeking to ensure that their position of power remained uncontested. The Game Act was a clear example of the legal system favouring the interests of the wealthy, while criminalising the actions of the poor.

Religious Change and the Reformation

The religious landscape of England changed dramatically during the early modern period, particularly due to the Reformation, which began with Henry VIII’s break from the Catholic Church in 1534. The establishment of the Church of England led to significant religious conflict and division.

• Religious Uncertainty: Following Henry’s break with Rome, England underwent several religious shifts, alternating between Protestantism and Catholicism depending on the reigning monarch. Under Henry VIII, England became Protestant, but after his death, his Catholic daughter Mary I reintroduced Catholicism, only for Protestantism to be restored under Elizabeth I. This religious upheaval created uncertainty and division across society.
• Heresy and Treason: For many, religious beliefs were closely tied to loyalty to the monarch. As a result, religious non-conformity could be viewed as an act of defiance or rebellion. The crime of heresy—the belief or worship of a religion different from that of the monarch—became punishable by execution, typically by burning at the stake.
• Punishment of Heresy: Protestants were executed for heresy under the Catholic monarchs, while Catholics were executed for treason by Protestant monarchs, particularly for refusing to recognise the monarch as the head of the Church. This practice of executing people for their religious beliefs resulted in numerous deaths and further intensified the religious tensions of the time.
• Redefinition of Crime: The constant shifting of religious doctrine meant that actions that had been legal under one monarch could become criminal acts under another. This not only affected the religious landscape but also redefined what constituted a crime against authority.

Conclusion

The early modern period in England saw significant changes in the nature of crime, largely driven by social, political, and economic transformations. While traditional crimes, such as murder, petty theft, and treason, continued to exist, new factors such as urbanisation, enclosure, and religious upheaval contributed to an increase in criminal activity and fear of crime. The changes in society led to the criminalisation of certain behaviours, especially those related to survival and resistance, which were seen as threats to the social order. The period also marked a redefinition of crimes against authority, particularly in the context of religious change, as different monarchs used the law to enforce their own beliefs and maintain power.