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There was some continuity in the types of crimes seen in early modern England compared to the medieval period. However, this was a period that saw significant changes in society and definitions of crime. These changes led to an increase in crime and an increase in the fear of crime.

Continuity in the nature of crimes

Many types of crime continued from medieval England.

• Murder continued to be a crime against the person.
• Petty theft of food and household items continued to be a crime against property.
• Treason continued to be a crime against authority.

Changes in society

Population growth and urbanisation

There was an increase in the population and number of towns during the 16th and 17th centuries as trade started to grow. This led to some people finding it harder to get work. They were more likely to commit crimes in order to survive.

Some people would steal food and household items that they were unable to buy. This was especially the case during bad harvests, when food became more expensive. Busy towns made it easier for people to commit petty theft because they were less likely to be seen and caught.

Enclosure

Early modern England saw an increase in the use of enclosure. Open land and fields were broken down into privately owned fenced fields for sheep and farming. The aim of enclosure was to ensure that the land was fully used, including common land. By 1700, most of England had been enclosed. In some areas, local people tried to resist the enclosures by pulling down new fences and hedges.

Enclosure affected the poorer people in early modern England as they could not afford to buy the land. Additionally, once it had been enclosed, they were unable to use it to farm and provide their families with food. As people struggled to ensure their families survived, this led to an increase in petty theft, more poaching of rabbits and hares, and more fishing in streams within private enclosures.

The 1671 Game Act made it illegal to take food from privately owned enclosures. Landowners were suspicious of the poor and saw them as a threat. They wanted laws passed that would ensure the poor could not challenge their position in society.

Religious change and the Reformation

In 1534, Henry VIII broke away from the Catholic Church and set up the Protestant Church of England with himself as the head. The changes that Henry VIII made were not popular among the English people because most were Catholics. This led to unrest and confusion.

Following the reign of Henry VIII, there was a period when England switched from being a Protestant country to a Catholic country and back again, depending on who was the monarch. It became a crime to worship in a different church to some of the monarchs. Therefore, if you did not have the same religious beliefs as the monarch, you were committing the crime of heresy. This was punished by being burned at the stake. The person being executed was tied within bundles of sticks that were set alight.

The changes in expected religious beliefs during this time are shown in the slideshow below, which illustrates the religious beliefs of each head of state.

Protestants were executed for heresy. Catholics were executed for treason as they refused to take the Oath of Supremacy, which recognised Henry VIII as the head of the Church of England.

This was a redefinition of crime against authority. Members of both churches accused the other of acting immorally and illegally. This increased the amount of crime during this period.