Eighteenth-century common law punished arson as a felony. However, it did not regard the destruction of an unoccupied building as arson. It was generally assumed in early Great Britain that everyone had the legal right to destroy his own property in any manner he chose.
In English law, causing criminal damage was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally restricted to the payment of damages by way of compensation.
As time passed, specific laws were introduced to deal with particular situations. The 1861 Malicious Damage Act was the first real attempt to codify and extend protections, and for the first time gave protection under the criminal law to personal property.