rime in early modern England saw both continuity and transformation, reflecting shifting political, religious, and social landscapes from 1500 to 1700.
Continuity and Change in Crimes
Crimes Against the Person
Crimes committed directly against individuals, including assault, homicide, and infanticide, showed both continuity with medieval traditions and new developments shaped by legal and social changes.
Murder remained a serious crime and was still punishable by death. The concept of malice aforethought, or premeditation,
became increasingly important in distinguishing between murder and manslaughter.
Manslaughter, or killing without premeditation (often in self-defense or during a quarrel), was treated more
leniently, often resulting in branding or imprisonment rather than execution.
The legal system became more nuanced in assessing cases, especially with the growing influence of common law,
which emphasized precedent and judicial interpretation.
One striking change was the increased attention to infanticide. As poverty rose and social stigma against illegitimacy hardened, many unmarried women were suspected of killing their newborn children. The 1624 Concealment of Birth of Bastards Act made it a capital offense for an unmarried woman to conceal the death of her illegitimate child, regardless of actual evidence of murder. This reflected a society that increasingly criminalized poverty and female sexuality under the guise of protecting children.
Infanticide cases were often based on circumstantial evidence.
Women could be hanged even in the absence of clear proof, simply for failing to report a birth.
Crimes Against Property
Property crime remained the most commonly prosecuted type of offense. These included theft, burglary, robbery, arson, and poaching, all of which reflected both continuity and adaptation to changing economic realities.
Petty theft (typically theft of goods worth less than a shilling) was still punishable by whipping or time in the stocks,
but could also carry harsher penalties depending on context.
Grand larceny (theft of higher-value goods) often resulted in hanging, especially as attitudes toward property hardened.
Burglary and robbery—involving breaking and entering or the use of force—were viewed more seriously and usually resulted in execution.
Poaching took on new political significance in this period. In the Middle Ages, it was already illegal to hunt on the king’s lands. However, during the early modern period, the rise of enclosure (fencing off common land for private use) meant that landowners increasingly restricted access to previously public lands.
Peasants and laborers, pushed off land by enclosure, turned to poaching as a means of survival.
Landowners pushed for tougher laws, and poaching became linked with wider social tensions between rich and poor.
Arson, especially targeting barns or crops, was viewed not just as a property crime but also as an attack on the social order, particularly during periods of food scarcity.
Coin clipping—cutting small pieces off silver or gold coins to melt down and sell—was another serious crime that was considered both property crime and crime against authority, as it undermined the national economy. Coin clippers were often executed by hanging or burned at the stake.
Crimes Against Authority
The early modern period saw the continued importance of crimes that challenged the state or church, especially heresy and treason, both of which became more politically sensitive due to major religious upheavals.
Heresy
Heresy—holding or promoting beliefs contrary to the official teachings of the Church—remained a criminal offense and became even more significant due to the English Reformation.
In 1534, Henry VIII broke from the Roman Catholic Church and established the Church of England, making himself its Supreme Head.
Heresy became a crime not just against the Church, but also against the monarch’s authority.
Refusing to accept the royal supremacy was considered both heresy and treason.
The enforcement of heresy laws changed with each monarch:
Under Henry VIII, both Catholic and Protestant dissenters could be executed depending on political needs.
Mary I restored Catholicism and ordered the execution of hundreds of Protestants, including well-known figures like Thomas Cranmer.
Under Elizabeth I, Protestantism was reestablished, and heresy charges targeted Catholics
who refused to attend Anglican services or who spread Catholic teachings.
The Act of Uniformity (1559) and the Act of Supremacy (1559) made it heretical and treasonous to challenge the monarch’s religious authority. Religious nonconformity was equated with disloyalty, and heresy became a deeply politicized crime.
Treason
Treason remained the gravest offense in English law, traditionally defined as betraying or plotting against the monarch. However, during the early modern period, the definition expanded significantly.
In 1534, the Treason Act made it illegal to deny the monarch’s supremacy, including in speech or writing.
Treason now included plotting to assassinate the monarch, supporting foreign powers, aiding enemies,
or even refusing to accept royal authority.
The link between religion and treason became clearer, especially with fears of Catholic plots against Protestant rulers.
Punishment for treason was brutal and symbolic:
Men were usually hanged, drawn, and quartered.
Women were typically burned at the stake, although later executions were carried out by hanging.
Executions were often public events intended to deter dissent and emphasize royal authority.
Treason trials became political theater, with the state using them to send messages about loyalty, power, and obedience.
New Definitions of Crime
While many types of crime remained consistent, the early modern period also saw the emergence of entirely new categories of criminal behavior, often shaped by social change and state ideology.
Vagabondage
The rise of vagabondage as a crime reflected growing anxiety over poverty, social disorder, and migration.
Social Context
The population of England rose rapidly from about 2.5 million in 1500 to over 5 million by 1700.
The dissolution of the monasteries under Henry VIII (1536–1541) removed a key source of aid for the poor, leaving many without support.
The enclosure movement disrupted traditional farming and forced many peasants off the land.
Economic instability, including inflation and food shortages, led to increased numbers of homeless and jobless people
traveling in search of work.
Authorities feared vagabonds as untrustworthy, criminal, and subversive. Many believed that idleness bred crime and rebellion.
Legislation
Numerous laws were passed to control and punish vagabonds:
The Vagabonds and Beggars Act (1494) required vagabonds to be placed in stocks for three days and then expelled from the town.
The Act for the Punishment of Sturdy Vagabonds and Beggars (1531) differentiated between the "impotent poor"
(who could not work) and "sturdy beggars" (who refused to work).
The Vagabonds Act (1547) imposed severe punishments, including two years of forced labor
and branding with the letter "V" for repeat offenders.
The Poor Law of 1601 established the principle that local parishes were responsible for caring for
their poor—but also reinforced distinctions between the deserving and undeserving poor.
Punishments for vagabondage included:
Whipping in public
Branding
Imprisonment or forced labor
Removal to one’s place of birth to prevent movement across parishes
This period reflects a criminalization of poverty, as society sought to control the poor rather than support them.
Witchcraft
Witchcraft became one of the most notorious and feared new categories of crime in early modern England, tied to religious fear, local tensions, and legal developments.
Religious and Social Factors
The Reformation intensified fears of the Devil’s influence in the world.
Superstition and lack of scientific understanding led people to blame unexplained
events—illness, crop failure, livestock death—on malicious witchcraft.
Witches were thought to make pacts with the Devil, use familiars (demonic animal helpers), and cast harmful spells.
Women were disproportionately targeted:
About 90 percent of those accused were women.
Common targets were older, poor, widowed, or socially isolated women.
Accusations often followed neighborhood disputes or misfortunes, such as the death of a child or animal.
Legal Framework
The Witchcraft Act of 1542 under Henry VIII made witchcraft a capital offense. It was repealed in 1547.
The Witchcraft Act of 1563 under Elizabeth I reinstated penalties, including execution if harm was caused.
The Witchcraft Act of 1604, under James I, intensified the law, allowing execution
for anyone found guilty of invoking spirits or using sorcery.
James I’s Daemonologie (1597) promoted belief in witchcraft and encouraged prosecution.
Witch trials often involved:
Searches for witch marks
Testimony from neighbors
Forced confessions
Use of “swimming tests”, in which suspects were bound and thrown into water—if they floated, they were thought to be guilty.
Thousands were accused, and hundreds executed, particularly during periods of social stress, such as plague outbreaks or civil unrest.
Witchcraft accusations functioned as a form of social control, particularly over women, and served to explain misfortune in a deeply religious and superstitious society.
FAQ
Fears about maintaining social order were central to how authorities approached crimes like vagabondage and witchcraft in early modern England. With rising population levels, increasing poverty, and widespread economic instability, the government became deeply concerned about unrest and disorder. Vagabonds—seen as rootless and potentially rebellious—were viewed not only as a drain on local resources but also as a threat to the established social hierarchy. Laws criminalized wandering and unemployment, reflecting elite anxieties about labor control and discipline. Similarly, witchcraft accusations often arose during periods of local instability or crisis, such as poor harvests or illness. These charges allowed communities to project blame onto individuals, usually marginalized women, helping restore a sense of control. The authorities exploited these fears, using harsh punishments to reinforce obedience and suppress perceived disorder. The legal system, therefore, functioned not just to punish wrongdoers but to manage deeper fears about the breakdown of traditional structures and the erosion of authority.
The Reformation drastically changed the religious landscape of England, and with it, the nature and enforcement of crimes like heresy and dissent. Before the Reformation, heresy meant going against the teachings of the Catholic Church. After Henry VIII’s break with Rome in the 1530s, however, religious authority shifted to the Crown, and the definition of heresy was politicized. Denying the monarch’s religious authority or practicing a different form of Christianity became both a religious and political offense. Under each successive monarch, the legal definition of heresy changed to align with their preferred faith: Catholic under Mary I, Protestant under Elizabeth I. This fluidity meant ordinary people could suddenly find themselves criminalized for beliefs that were legal a few years earlier. Laws like the Act of Supremacy and Act of Uniformity made conformity to the monarch’s religion compulsory. Religious dissenters—whether Protestant or Catholic—were punished as criminals and traitors, with penalties including execution, imprisonment, or forced attendance at Anglican services.
Yes, attitudes toward female criminals in early modern England were distinctly shaped by gendered beliefs and expectations, which greatly influenced who was punished and how. Women were widely perceived as morally weaker, more emotionally unstable, and more susceptible to sin or temptation, especially in a deeply patriarchal society influenced by religious doctrine. As a result, crimes involving women were often interpreted through these gendered lenses. For instance, in cases of witchcraft, over 90% of accused individuals were women—typically elderly, widowed, or socially marginalized. Their independence, poverty, or failure to conform to social norms made them easy targets. Similarly, laws surrounding infanticide disproportionately affected unmarried women, who were assumed to be more likely to kill their children to avoid social shame. Courts often treated female defendants more harshly in moral or domestic crimes, while simultaneously sparing them from the most gruesome forms of execution used on men. These gender biases reinforced societal expectations and controlled female behavior.
Economic changes in early modern England had a profound impact on both the incidence of crime and how it was perceived. The period saw significant demographic and agricultural shifts, including population growth, the enclosure of common lands, inflation, and the decline of feudal labor structures. As more people were displaced from rural areas, urban centers grew overcrowded, and competition for jobs increased. This led to rising poverty and unemployment, especially among laborers and rural communities. These conditions contributed to a visible increase in crimes like theft, begging, and vagrancy. Authorities and the landed elite began to associate poverty with criminality, leading to harsh laws against the poor. The idea of the “undeserving poor” emerged, blaming individuals for their economic situation. At the same time, new laws and categories of crime—like vagabondage—reflected elite fears that economic instability could lead to rebellion. Economic hardship thus not only increased criminal behavior but also changed how society defined and punished crime.
Local communities played a central role in identifying and prosecuting crimes during the early modern period. Formal policing structures were limited, and the responsibility for maintaining law and order fell largely to ordinary citizens and local officials such as constables, churchwardens, and justices of the peace. Most criminal investigations began with accusations from neighbors, especially in cases like witchcraft, theft, or public disorder. Community members were expected to report suspicious behavior, attend court sessions, and serve on juries. The justice system was closely tied to social reputation; individuals seen as troublesome, quarrelsome, or different were more likely to be accused. In witchcraft cases, for example, trials often relied heavily on testimonies from local residents, and accusations could arise from longstanding personal feuds. Social control was maintained not only by law but also by collective pressure and surveillance. The involvement of local communities made the legal system deeply personal, as informal judgments and biases often determined who was charged and how harshly they were punished.
Practice Questions
Explain one way in which the definition of crime changed in the period c1500–c1700.
One way the definition of crime changed between 1500 and 1700 was the criminalization of witchcraft. While accusations of magical practices existed before, the early modern period saw formal laws passed, such as the Witchcraft Acts of 1542, 1563, and 1604. These laws made witchcraft a capital offense, reflecting growing fears of the Devil and religious superstition after the Reformation. Witchcraft became a crime against both religion and the state, especially as it was believed to involve dealings with evil forces that threatened Christian society and royal authority, showing how legal definitions responded to shifting social fears.
Explain one way in which crime against authority stayed the same in the period c1500–c1700.
One way crime against authority remained the same from 1500 to 1700 was through the continued severity of treason. Like in medieval times, treason was viewed as a grave crime against the monarch and was punishable by brutal public executions. Throughout the period, treason expanded to include not only direct attempts to overthrow the monarch but also actions like denying the royal supremacy or aiding foreign enemies. The religious changes under Henry VIII and Elizabeth I emphasized loyalty to the monarch’s religious authority, ensuring treason remained a key tool to suppress opposition and preserve political stability.
