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Animal Rights History Timeline » [1660-1785] Enlightenment » Animal Rights Law

Burning of Houses Act 1670

Great Britain Parliament

[22 & 23 Charles c. 7.] An Act to Prevent the Malicious Burning of Houses, Stacks of Corm and Hay, and Killing or Maiming of Cattle

Penalty of death, or to avoid death, transportation beyond the seas, to any of his Majesty's plantations…for any persons who shall in the night-time maliciously, unlawfully, and willingly burn or destroy any stacks of corn, hay, or grain, barns, or other houses or buildings, kill, or destroy any horses, sheep or other cattle. Prescribed treble damages for any persons who "unlawfully, and willingly maim, wound, or otherwise hurt any horses, sheep, or other cattle…or destroy any plantations of trees.

[1670] "An Act to Prevent the Malicious Burning of Houses, Stacks of Corm and Hay, and Killing or Maiming of Cattle," in vol. 8 of Statutes at Large (London, 1763; Google Books: Online Library of Free eBooks) 340-1.

Whereas divers lewd and evil-disposed persons intending the ruin and impoverishment of their fellow subjects, have devised, and of late secretly in the night-time, and at other times when they think their deeds are not known, frequently practiced in several parts of this kingdom, unlawful and wicked courses in burning of ricks and stacks of hay, corn and grain, destroying of buildings, trees, and cutting, maiming, wounding and killing of horses, sheep, beasts, and other cattle, in contempt of the laws, and to the insupportable wrong and damage of many of his Majesty's good subjects:

II. [Felony for wilful burning of any ricks of corn, hay, &c. or barns, &c. in the night-time] For prevention whereof, and discovery of the offenders, be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and of the commons, in this present parliament assembled, and by authority of the same, that where in any part of this kingdom any persons after the first day of March in the year of our Lord one thousand six hundred and seventy, shall in the night-time maliciously, unlawfully, and willingly burn, or cause to be burnt or destroyed, any ricks or stacks of corn, hay, or grain, barns, or other houses or buildings, or kilns, or shall in the night-time maliciously, unlawfully, and willingly kill, or destroy any horses, sheep or other cattle, of any person or persons whatsoever; every such offence shall be adjudged felony; and the offenders, and every of them shall suffer as in case of felony.

III. [Attainder shall not work corruption of blood, &c.] Provided always, That no attainder for any the offences made by felony by virtue of this act, shall make or work any corruption of blood, loss of dower, or disinheritance of heir or heirs.

IV. [The party at liberty to be transported for seven years.] And be it further enacted and declared, That in case of any person or persons who shall be convict or attained of any of the offences made felony by virtue of this act as aforesaid, (to avoid the judgment of death, or execution thereupon for such his offence) shall make his election to be transported beyond the seas, to any of his Majesty's plantations…

V. Treble damages for maiming of cattle, or throwing down of inclosures, &c. in the night-time.] And be it further enacted by the authority aforesaid, That any person or persons shall in the night-time maliciously, unlawfully, and willingly maim, wound, or otherwise hurt any horses, sheep, or other cattle, whereby the same shall not be killed or utterly destroyed, or shall destroy any plantations of trees or throw down any inclosures, in a manner aforesaid; That then every such offender or offenders shall lose and forfeit unto the party grieved treble the damage which he or they shall therefore sustain; the same to be recovered by action of trespass, or upon the case, to be taken to common law.

VI. Three or more justices of the peace have power to enquire of the offence, and punish the offenders.] [A witness refusing to appear, shall be committed to prison.]

VII. No person shall be twice punished for this offence. ] [The prosecution must be within six months.]