New Crimes in Early Modern England

This section explores the new crimes in early modern England including: Heresy, Vagabondage, Witchcraft and smuggling. The early modern period in England (16th and 17th centuries) saw the emergence of several new types of crime, largely driven by changes in society, such as the Reformation, population growth, economic instability, and the rise of enclosure. These new crimes were often defined by changing attitudes towards authority and law, as well as evolving social conditions. The fear of crime increased as certain actions and behaviours, once considered minor, began to be classified as criminal under new laws and societal norms.

Heresy

Heresy became a significant crime in early modern England, particularly during the reign of Henry VIII. The break from the Catholic Church and the establishment of the Church of England led to intense religious conflict, and heresy was defined as a crime against the established faith.

• The Rise of Heresy: The introduction of the Protestant Church under Henry VIII led to confusion and division, as the official religion shifted between Catholicism and Protestantism. Those who did not conform to the monarch’s religion were labelled heretics. Protestants were persecuted under Catholic monarchs like Mary I, while Catholics faced persecution under Protestant rulers such as Elizabeth I.
• Punishment of Heresy: Heretics, whether Protestant or Catholic, were often executed in brutal ways. One common form of execution was burning at the stake, where the accused would be tied to a pole surrounded by wood, which was then set alight. Notable executions include those of Protestant bishops Hugh Latimer and Nicholas Ridley during the reign of Mary I, who ordered the deaths of nearly 300 Protestants. Similarly, Elizabeth I executed about 250 Catholics for treason, a crime linked to refusing to acknowledge her as the head of the Church of England.
• The Reformation and Heresy Laws: The frequency of executions for heresy illustrates the religious turbulence of the period. These events not only intensified religious division but also redefined the crime of heresy, which became an offence punishable by death for those challenging the monarch's religious authority.

Vagabondage

Vagabondage, or vagrancy, was another significant new crime in early modern England, largely driven by the population increase, economic hardship, and the rise of migration across the country.

• The Causes of Vagabondage: The period saw a rapid population increase, alongside falling wages, rising food prices, and economic instability, especially during times of poor harvests. Many people moved from rural areas to towns in search of work. However, this increase in movement led to the perception of a growing threat from vagrants, or those who were seen as wandering without stable employment. These vagrants were often accused of committing crimes such as theft, assault, and even murder.
• Public Perception of Vagrants: Vagrants were viewed with suspicion by local communities. People were generally more willing to help the poor they knew in their communities, but vagrants, who were strangers, were considered dangerous and potentially criminal. Various pamphlets were published to warn people of the different types of vagrants, such as drummerers (those pretending to be deaf), freshwater mariners (beggars pretending to be ex-sailors), kinchin morts (young female beggars), and priggers of prancers (horse thieves).
• The Vagrancy Acts: A series of laws were passed to deal with the perceived threat of vagrancy. The 1547 Vagrancy Act branded able-bodied vagrants with the letter ‘V’ and sentenced them to slavery for up to two years. Those who were caught a second time could face lifelong slavery or execution. In 1550, the act was repealed due to its harshness, and corporal punishment (such as whipping) was introduced instead. Vagrants were also returned to their place of origin. A later Vagrancy Act in 1597 imposed even harsher punishments, including ear mutilation or execution for repeat offenders.
• The 1601 Poor Law: The 1601 Poor Law distinguished between the “deserving poor” (such as the elderly and disabled, who would receive assistance) and the “undeserving poor” (vagrants, who would be punished). Vagrants could now be sent to houses of correction, where they would be whipped as punishment.

Witchcraft

Witchcraft accusations surged during the early modern period, largely due to the social and economic upheavals of the time, including religious changes, poor harvests, and rising unemployment.

• Rise of Witchcraft Accusations: In a society marked by religious tension and economic hardship, witchcraft became a scapegoat for misfortune. Poor harvests, unexplained deaths, and other calamities were often blamed on witches rather than on environmental factors or bad luck. The belief in witchcraft was widespread, and many people considered it a serious threat to society.
• The Witchcraft Act of 1542: During Henry VIII’s reign, witchcraft was made a criminal offence punishable by death. Though this law was repealed five years later, it was reinstated in 1563 under Elizabeth I. The 1563 Witchcraft Act declared that witchcraft trials would be held in common courts (rather than lenient church courts), and those convicted of causing harm through witchcraft would face execution.
• The Witchcraft Act of 1604: Under James I, the Witchcraft and Conjuration Act made it a capital offence to summon evil spirits. Minor witchcraft offences resulted in imprisonment for a year, but repeat offenders were executed. This law was part of a broader climate of fear surrounding witchcraft and its perceived threat to public order.

Smuggling

The 16th and 17th centuries saw an increase in smuggling, driven by the growing demand for luxury goods, such as alcohol, tea, and tobacco, which were imported from overseas. However, the government imposed import duties on these goods, and some people sought to avoid paying taxes by smuggling them into the country.

• The Growth of Smuggling: With the expansion of trade routes and the discovery of the New World, England became a major importer of exotic goods. The government, eager to raise revenue, introduced import duties on these goods, making them more expensive. This led to the rise of smugglers who sought to evade taxes by bringing goods into the country without paying the required duties.
• Smuggling as a Social Crime: Smuggling was often viewed as a social crime, as many people supported it. The general public was willing to buy cheaper goods from smugglers, seeing it as a victimless crime that benefited both the consumer and the smuggler. The authorities, however, viewed smuggling as a serious offence, as it undermined the government’s economic policies.

Conclusion

The early modern period in England witnessed the emergence of several new crimes, many of which were driven by the changing social, religious, and economic landscape. Heresy, vagabondage, witchcraft, and smuggling became significant offences during this time. These new crimes were often shaped by the pressures of population growth, economic instability, and the shifting religious climate of the period. The introduction of harsh new laws, such as the Vagrancy Acts and the Witchcraft Acts, reflected the growing desire of authorities to control these perceived threats to social order. Meanwhile, smuggling became a crime that blurred the lines between legal and illegal activities, reflecting the complex attitudes towards crime in early modern England.