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History · Crime and punishment in early modern England

Religious Change and Crime

How the Reformation turned religious belief into a question of loyalty to the monarch - and made new crimes out of it.

  • c1500-c1700
  • 7 key terms
  • All boards

Teacher resources

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Student handouts

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What Do You Already Think?

Answer before the lesson, then check your ideas at the end.

  • Why might a king care what religion his subjects followed?

    Religion and loyalty were linked: rejecting the monarch's Church could look like rejecting the monarch.

  • What is the difference between heresy and treason?

    Heresy is going against the Church's teaching; treason is betraying the monarch.

  • Could the law change even if nobody's behaviour did?

    Yes - a new monarch could make yesterday's normal worship today's crime.

Learning Objectives

  1. 1Describe how the official religion of England changed between 1534 and 1603.
  2. 2Explain why religious change created new crimes against authority, such as treason and recusancy.
  3. 3Compare how Mary I and Elizabeth I punished religious opponents.

Setting the Scene

In 1500 England was a Catholic country and the Pope was head of the Church. Over the next century the official religion changed again and again, depending on who sat on the throne. Each change meant that people who stayed loyal to the old faith could suddenly become criminals.

  1. 1534 Henry VIII's Act of Supremacy makes the king Head of the Church of England.
  2. 1547 Edward VI makes England firmly Protestant.
  3. 1553 Mary I restores Catholicism and the Pope's authority.
  4. 1559 Elizabeth I's Acts of Supremacy and Uniformity create a Protestant Church of England.
  5. 1570 The Pope excommunicates Elizabeth, encouraging Catholics to disobey her.
  6. 1605 Catholic plotters try to blow up James I and Parliament.

Monarchs and Religion

Each change of monarch could change what counted as a crime.

  • Henry VIII (1509-47)

    Religion: Broke with Rome. Who was punished: Those who denied his supremacy, and some Protestants. How: Treason and heresy executions

  • Edward VI (1547-53)

    Religion: Protestant. Who was punished: Few executions; heresy laws repealed. How: Mainly fines and imprisonment

  • Mary I (1553-58)

    Religion: Catholic. Who was punished: Protestants. How: Around 280 burned as heretics

  • Elizabeth I (1558-1603)

    Religion: Protestant. Who was punished: Catholics, especially priests. How: Fines for recusancy; execution for treason

Religion Becomes a Crime Against Authority

Once the monarch was head of the Church, disagreeing with the Church meant disagreeing with the monarch.

  • Act of Supremacy

    In 1534 Henry VIII made himself Head of the Church of England. The Treason Act of the same year made it treason even to say that he was not.

  • Thomas More

    Henry's former chief minister refused to accept the supremacy and was executed for treason in 1535.

  • Recusancy

    Under Elizabeth, people who refused to attend Church of England services were called recusants and were fined - 12 pence a week from 1559, rising to £20 a month in 1581.

  • Catholic priests

    After 1570, being a Catholic priest in England, or converting someone to Catholicism, could be treated as treason.

Mary I and Elizabeth I

Mary I (1553-58)

  • Wanted to restore Catholicism and the Pope's authority.
  • Treated Protestants as heretics - a crime against God.
  • Burned around 280 people, including Archbishop Cranmer.
  • Earned the name "Bloody Mary" from Protestant writers.

Elizabeth I (1558-1603)

  • Wanted a Protestant Church that most people could accept.
  • Treated Catholic opponents as traitors - a crime against the queen.
  • Used fines for ordinary recusants.
  • Executed around 200 Catholics, mostly priests, for treason.

Why Treat Religion as Treason?

For Tudor monarchs, religious unity meant political safety.

  • Excommunication

    In 1570 the Pope excommunicated Elizabeth and told Catholics they need not obey her, so loyal Catholics looked like potential rebels.

  • Foreign threat

    Catholic Spain was England's great enemy; the Spanish Armada sailed in 1588.

  • Plots

    Catholic plots to replace Elizabeth with Mary, Queen of Scots, such as the Babington Plot (1586), convinced the government that Catholics were dangerous.

  • Unity

    A kingdom divided by religion was seen as a kingdom open to rebellion.

Crime Against God or Crime Against the Monarch?

Place each punishment on the line.

  1. 1 Mary burns Protestants

    Punished as heresy - a sin against the true faith

  2. 2 Henry executes Thomas More

    Denying the king's supremacy was treason

  3. 3 Recusancy fines

    Refusing to worship in the monarch's Church

  4. 4 Elizabeth executes priests

    Treated as agents of a foreign enemy

Summary & Exam Focus

  • England's official religion changed several times between 1534 and 1559.
  • Each change created new criminals among those who kept the old faith.
  • Mary punished Protestants as heretics; Elizabeth punished Catholics as traitors.
  • Religious crimes became crimes against authority because the monarch led the Church.

Exam focus

Explain why religious changes led to new crimes in the period c1500-c1700. (12 marks) (12 marks)

Link each new crime to the change that caused it, and explain why the monarch saw religious disagreement as a threat.

Key terms

The vocabulary this lesson expects you to use. Each one is linked from the first place it appears above.

Reformation
The break from the Catholic Church that created Protestant churches.
Act of Supremacy
Henry VIII's 1534 law making the monarch Head of the Church of England.
Recusant
A Catholic who refused to attend Church of England services.
Excommunication
Being expelled from the Catholic Church by the Pope.
Treason
Betraying or threatening the monarch.
Heresy
Holding beliefs that go against the official religion.
Act of Uniformity
Elizabeth's 1559 law setting out how everyone had to worship.

Questions and answers

9 questions set on this lesson, with the mark schemes and model answers open.

1. Exam question Explain one way 4 marks Foundation

Explain one way in which the punishment of religious opponents under Mary I was different from the punishment of religious opponents under Elizabeth I.

Mark scheme — 4 marks available

  • A valid difference identified — 1-2 marks
  • Supported with specific knowledge of both reigns — 3-4 marks

Model answer

Mary I treated Protestants as heretics - people guilty of a crime against God - and around 280 were burned at the stake, including Archbishop Cranmer in 1556. Elizabeth I treated her Catholic opponents mainly as traitors - a crime against the queen - and fined ordinary recusants, while around 200 Catholics, mostly priests, were executed for treason by hanging, drawing and quartering. So the difference was that Mary punished religious opponents for heresy, while Elizabeth punished them for treason.

2. Exam question Explain why 12 marks Stretch

Explain why religious changes led to new crimes in the period c1500-c1700. You may use the following in your answer: the Act of Supremacy (1534); recusancy. You must also use information of your own.

Mark scheme — 12 marks available

  • Level 1 (1-3) — A simple or general answer
  • Level 2 (4-6) — Some explanation of one or more reasons, with some knowledge
  • Level 3 (7-9) — A developed explanation linked to the question, with accurate knowledge
  • Level 4 (10-12) — An analytical explanation of several reasons, with knowledge that goes beyond the stimulus points

Model answer

One reason was that the monarch became Head of the Church. The Act of Supremacy of 1534 made Henry VIII Head of the Church of England, and the Treason Act of the same year made it treason to deny this. Religious disagreement was now also disagreement with the king, which is why Thomas More was executed for treason in 1535. A second reason was that each new monarch wanted everyone to follow their religion. Under Elizabeth, the Act of Uniformity of 1559 required everyone to attend Church of England services, so Catholics who refused became recusants and were fined - 12 pence a week at first and £20 a month from 1581. Something that had been normal worship under Mary became a crime under Elizabeth. A third reason, beyond the stimulus, was fear of Catholic rebellion. After the Pope excommunicated Elizabeth in 1570, Catholics could be seen as potential traitors, especially with plots such as the Babington Plot of 1586 and the threat of Catholic Spain. That is why being a Catholic priest in England came to be treated as treason. Religious change created new crimes because religion was now tied to loyalty to the monarch.

3. Exam question How far do you agree? 16 marks Stretch

"Changes in religion were the main reason for new definitions of crime in the period c1500-c1700." How far do you agree? Explain your answer. You may use the following in your answer: recusancy; vagabondage. You must also use information of your own. (16 marks, plus 4 for spelling, punctuation, grammar and specialist terminology)

Mark scheme — 16 marks available

  • Level 1 (1-4) — A simple or generalised answer
  • Level 2 (5-8) — Some analysis, with a judgement that is asserted
  • Level 3 (9-12) — Analysis of both sides with accurate knowledge and a supported judgement
  • Level 4 (13-16) — Sustained analysis, knowledge beyond the stimulus, and a clear, justified judgement
  • SPaG (4) — Accurate spelling, punctuation and grammar, with specialist terms such as recusancy and supremacy

Model answer

On the one hand, religious change created many new crimes. The Act of Supremacy of 1534 made denying the king's headship of the Church treason. Under Elizabeth, refusing to attend Church of England services became the crime of recusancy, and being a Catholic priest could be treated as treason. Heresy was redefined each time the official religion changed, so Mary burned around 280 Protestants while Elizabeth punished Catholics. Witchcraft laws in 1542, 1563 and 1604 were also shaped by religious belief in the Devil. On the other hand, other factors created new crimes too. Vagabondage became a serious crime because of economic and social change: population growth, rising prices, enclosure and the dissolution of the monasteries created large numbers of poor, wandering people, and laws such as the Vagabonds Act of 1572 punished them with whipping and ear boring. Fear of disorder, rather than religion, drove these laws. Overall, religion was the main cause of new crimes against authority, such as recusancy and religious treason, but it was not the only cause - social and economic change explains vagabondage. The best judgement is that religion was the most important factor because it created the largest number of new crimes and linked them directly to the monarch's power.

4. Multiple choice 1 mark Core

What did Henry VIII's Act of Supremacy (1534) do?

  1. A Made England Catholic again
  2. B Made the king Head of the Church of England Correct
  3. C Banned witchcraft
  4. D Ended the burning of heretics

Why: It made the king Head of the Church of England, so denying his supremacy became treason.

5. Multiple choice 1 mark Core

What was a recusant?

  1. A A Catholic who refused to attend Church of England services Correct
  2. B A Protestant burned under Mary I
  3. C A priest who converted to Protestantism
  4. D A royal official who collected fines

Why: A Catholic who refused to attend Church of England services, and was fined for it.

6. Multiple choice 1 mark Core

How did Elizabeth I mainly treat Catholic priests?

  1. A As heretics, burned at the stake
  2. B As vagabonds, whipped and branded
  3. C As witches, hanged
  4. D As traitors, executed for treason Correct

Why: Elizabeth treated them as traitors, and around 200 Catholics, mostly priests, were executed for treason.

7. Multiple choice 1 mark Core

About how many Protestants were burned as heretics under Mary I?

  1. A 12
  2. B 50
  3. C 280 Correct
  4. D 2,000

Why: Around 280 people were burned between 1555 and 1558.

8. Multiple choice 1 mark Foundation

Why was Thomas More executed in 1535?

  1. A He was a witch
  2. B He refused to accept Henry VIII as Head of the Church Correct
  3. C He plotted to blow up Parliament
  4. D He was a vagabond

Why: He refused to accept that Henry VIII was Head of the Church, which was treason under the 1534 Treason Act.

9. Multiple choice 1 mark Stretch

Why did the Pope's excommunication of Elizabeth in 1570 make Catholics seem dangerous?

  1. A It told Catholics they need not obey the queen Correct
  2. B It made recusancy legal
  3. C It banned Catholic priests from England
  4. D It ended the Act of Supremacy

Why: The Pope told Catholics they need not obey Elizabeth, so the government feared they would rebel.