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Horse, cattle, and Sheep Theft in 18th Century Great Britain

Under 14 George II, c. 6 (1741), Horse, Cattle, and Sheep theft is defined as the willful act of riding off with or driving away of a person’s livestock or horses to be sold or as a form of protest. The corpses or skins of such animals, if removed and then taken was also included in the statutes as a capital offense of theft. Most cases of this sort in the period were protests against society or an individual rather than out of necessity of food or monetary gain. The relevant section of the statute (c. 6) states: If any person or persons shall feloniously drive away, or in any other manner feloniously steal one or more sheep or other cattle of any other person or persons whatsoever, or shall willfully kill one or more sheep or other cattle of any other person or persons whatsoever, with a felonious intent to steal the whole carcass or carcasses, or any part or parts of the carcass of any one or more sheep or other cattle that shall be so killed, or shall assist or aid any person or persons to commit any such offense or offenses; that then the person or persons guilty of any such offense, being thereof convicted in due form of law, shall be adjudged guilty of felony, and shall suffer death, as in cases of felony without benefit of clergy. Benefit of Clergy: A person found guilty of a felony could claim to be part of the church as a way to escape the death penalty in cases before it was done away with by parliament. A person had to be able to read a line of scripture in Latin in order to gain benefit of clergy, but most of the population in 18th century Britain was illiterate so not many individuals gained benefit of clergy. History of the Statute: The first horse, sheep, and cattle theft statute to enact capital punishment without benefit of clergy was 37 Henry VIII c. 8 section 2 (1531). Later on, the statute 31 Elizabeth I c. 12 (1589) stated that accessories to the theft would also be charged with a felony without benefit of clergy. In the 14 George II c. 6 (1741), the boundaries of the crime were expanded to include driving away animals as well as stealing the carcasses of animals to be a felony without benefit of clergy. However, if an animal’s value was determined to be under 20 shillings then the theft was considered petty larceny and the offender was merely transported instead of killed.

Capital Case with verdict of death (October 1748):

Thomas Thompson, aged 22, was born at Otley in Yorkshire, bred to no Business. His Father dying in 1741, he says, left his Mother very poor, with several Children. The Parish would have put this out an Apprentice, but he not liking it, said he would go to Sea. An Officer of the Parish was going with him for that Purpose, who by the Way got him a Place at an Inn, the Post-Office in Durham, to be Waiter three Days, and ride Post the rest of the Week. Here he lived three Years, playing several wicked Tricks, particularly keeping Money sent with Letters, which his Master was not for some Time acquainted with, nor suspected till he was gone. His three Years being out according to Agreement, he went home to Otley, staid with his Friends a Week, and got another Place at the King's Head at Rippen, where he staid but three Months. In this Time, however, he made bold to rob the Maid-servant's Box of 12 or 13 l. and went back again to Otley; where, when he was come, he found, that an old Aunt of his had left him a Legacy of 12 l. 10 s. which he received, and spent as fast as he could: However, before it was done, he got himself decently cloathed, and came up to London. He had not been long in Town at a Relation's, e'er he stole two Silver Tea-spoons from her, and carried them to a Silver-smith at Charing-Cross to sell; telling him, they were his own, which he had lately brought out of Yorkshire with him. Being desired to make himself known, he directed to a wrong Place; but, while the Messenger was gone, slipped out of the Shop. The Silver-smith afterwards meets him in the Strand, took him to his Shop, and would have sent for an Officer to apprehend him; but he begging very hard, was asked, If he would go for a Soldier. They carried him over to the Mitre, and there was inlisted to go to the East-Indies, he says; but the People, concerned, said, If he would give them twenty Shillings, they would let him go, and no-body else should know of it. Accordingly he sent for his Relation, from whom he stole the Spoons, to buy him off, but she would not; so he sold his own Cloaths, and brought himself off. His Friends then persuaded him to return to Otley, which he did, and there staid a Month; when, being at a Dancing with an old Sweet-heart of his, who lived about four Miles from him, he thought to have staid with her all Night; but she finding his Money gone, turned him adrift: So he went Home to Otley, and when he came, and found the People in Bed where he lodged, he broke into the House; and afterward broke open a Corner Cup-board, wherein was 15 s. and took it out. Not yet satisfied, he stole a Galloway the same Night, and riding off to Durham, went to his old Master's, who express'd no small Satisfaction at seeing him so well improved, as he seemed by his outward Appearance, and telling a fine Story about going toNewcastle upon Business of Consequence. Here he lay that Night, and next Morning went to Newcastle, where he staid all Day, and returned to Durham that Night, reporting, he had done Business to his Satisfaction. The next Morning the Post-boy, who had been a Fellow-servant with him, set out Express from Durham to Darlington, where he heard of a Hue and Cry after Thompson, upon Account of the Galloway he had stole; but making no Discovery, returned next Morning, and told him of it. He immediately set out for Scotland, and sold the Galloway at Berwick upon Tweed; from thence he went to Coppersmith, and hiring a Horse, went to Dunbar, and a Man went with him to bring it back, which he did. There he hired Post-horses, and proceeded to Edingburgh, and passed for an Officer's Servant. However, he had not been there above a Week, e'er he got into the Maid-servant's Chamber, and finding there a little Box, broke it open, took out a Gold Ring, Half a Crown, and Half a Moidore. He left the House that Night, but had the Assurance to return again next Morning, when, being taxed with it, he denied at first, but afterwards owned the Fact, and returning the Things, they let him go about his Business. Being blown here, he went to Perth, where Part of the Army then lay, and became Servant to an Officer, lived fifteen or sixteen Weeks with him, and was turned over to Lieutenant Carter, of General Skelton's Regiment, who was going toYorkshire recruiting, and came to his Father's at Richmond in that County; where he had not been long with his Master, but having some Words about the Silver Tip of a Sword, which he had taken off, his Master would have sent him going; but he prevented, by stealing a Horse, worth 25 l. out of his Master's Father's Stable, about Eleven at Night, which he rode intoNottinghamshire by the next Evening: But, keeping the Post-Road all the Way, was pursued by his Master, who got News of him at Aberforth, and followed him to the Inn where he lodged next Night, saw the Horse in the Stable, and enquiring after the Rider, took him in Bed. For this he was sent to Nottingham Goal, where he staid from the 3d of November to the 7th of April, was tried, convicted, and respited on Condition of Transportation for fourteen Years; but having more Liberty than others, and the Turnkey being about his Master's Business abroad, he laid a Scheme to make his Escape: He watched an Opportunity in the Evening, took the Key from the Maid-servant, who was intrusted with it, and opening the Door, went out. Upon this he came, as fast as he could, to London, and the first Thing he did, was to list for a Soldier, in Oglethorpe's Regiment. He was put into the Savoy, and remained there about five Weeks; but falling sick, was sent to an Hospital. As soon as he recovered from his Illness, he deserted, and went to Rochester, and there inlisted a second Time, staid five Weeks, stole a Pair of Silver Buckles from the Waiter at his Quarters, and deserted again. From thence he went to Hatfield in Hertfordshire, became once more an inlisted Man in Cholmondley's Regiment, staid five or six Weeks, and deserted. Then going to Chichester, was admitted a Marine, and after about two Months being there, turned out a Volunteer to go to Sea; and so going aboard the Berwick Man of War, lying at Portsmouth Dock, which fell down afterwards to Spithead to lie a Guard-ship. The Ship returning to Portsmouth in about five Weeks, was put out of Commission, and he returned to the Van-guard, where remaining two Days, was put ashore again at Chichester. Here he staid about three Weeks, or a Month, and having sold his own Cloaths, stole others from his Comrades, and shortly after the Mare, for which he was convicted. He first got into the Stable at his own Quarters, and took a Saddle and Bridle, and then soon catch'd the Mare. He immediately proceeded for London, and came to the White Bear in Bassishaw-Street; and, appearing in Regimentals, was afraid of being suspected, so told the People of the Inn, that he was Servant to an Officer, and just come out of Yorkshire; that he would choose to sell the Mare, and the sooner the better, because of Expence. Accordingly the Hostler bought her for 1 l. 5 s. and Charges of the House on Thursday; but putting her to Smithfield Market, and riding her about, she was challenged, and taken from him by the Proprietor, who carried him before the Lord-Mayor, and his Master gave Bail. Now the Bargain made between Thompson and the Hostler, was, that if the Mare sold well, he was to have four or five Shillings more, upon which Account he was to call on Saturday, which he did, and a Constable being sent for, he was apprehended, and being brought before the Lord-Mayor, he owned the Fact, and was committed to Newgate. http://www.oldbaileyonline.org/browse.jsp?id=OA17481028&div=OA17481028&terms=Horse|theft#highlight Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.0, 27 November 2012), Ordinary of Newgate's Account, October 1748 (OA17481028).