Our Legal Heritage: The scourge of child-stripping

Our Legal Heritage: The scourge of child-stripping

Children of the labouring poor like these Dubliners were vulnerable to child stripping.

From Dublin to Dundee and Belfast to Birmingham, the labouring poor of 19th century Britain and Ireland had to contend with the widespread scourge of child-stripping – the theft of their children’s clothing by heartless thieves who faced the full rigour of the law when apprehended.

Local police were unsurprised when four-year-old William Lister was found wandering the bustling streets of Glasgow barefoot and in his undergarments. The vulnerable lad was inconsolable. In the dingy closes of West Howard Street, William had been robbed of all the riches any child could hope to possess in 1847. Boots, stockings, cravat, jacket and bonnet were all cruelly stripped from his helpless person by the lowest of criminals.

A child of the early 19th century would harbour many anxieties. The factory, the cane, the workhouse, the devil, the mines, the kelpies, Victorian parents and of course, the aforementioned terror of child-stripping. Indeed, this seldom cited practice became something of a plague in Britain’s industrial communities, frightening poverty-stricken parents and prompting harsh retribution from authorities.

In a typical case, a child left unattended by working parents (and children were routinely left to fend for themselves in the streets while parents worked) would be tricked or coerced by their thief to a secluded spot where they would be robbed of their clothing. There is a distinction to be drawn in law between, first, the theft of a child under the age of puberty, which is known as plagium, and, secondly, the theft from a young child, which is known as theft by child stripping.

The punishment for such a foul act was severe. As one writer recounts, the theft of a “peculiar nature, which, on account of the excessive depravity of heart which it evinces, it has always been the disposition of our practice to punish with great severity.” David Hume records the case of Janet Irvine in 1827, who was sentenced to transportation for life (being sent to an overseas colony), for stealing a rather inconsiderable tartan frock from a three-year-old child.

Precognitions could be awkward. Child complainers were often in the age range of two to 12, and when the court convened to briefly assess them, difficulties often arose. As one child, Elizabeth Johnston, succinctly put it, “I don’t know how old I am”.

In the case of Elizabeth Vallance, which is notable for having 17 charges involving 16 children, a five-year-old girl was questioned “but she can hardly be prevailed upon to speak though she had signified that she knows the [stolen shawl]”. Another seven-year-old girl was “extremely shy and could not be prevailed on to give any account of the theft”.

Historians Macraild and Neal record:

“Recidivism and multiple offending laid even heavier emphasis upon the seemingly immoral nature of the perpetrators and placed them beyond societal preferences and norms. Recidivism featured strongly in 1838 when Sarah Armstrong of Glasgow was transported for seven years for repeatedly stripping children. The same was true in 1843, when 22-year-old Eliza Hanson was apprehended after a three-month spree. A decade later a woman in Gateshead re-offended immediately after being released from prison and was promptly returned to gaol. In 1855, Elizabeth Wilson endured a court case of ‘somewhat animate appearance’ because 19 victims and their mothers attended to see justice dished out. In 1861, Mary M’Donald was given nine months for seven offences, while Margaret Macintosh (or Hayward) of Edinburgh was brought up in 1883 on no less than ten charges. Still more repetitive were the escapades of a Middlesex woman called Green, against whom six cases were brought, with the court being told she may have committed 40 or 50 others. Yet, perhaps the most prolific child-stripper uncovered in this research was Elizabeth Potter of Salford who, in 1886, stripped a succession of children almost every day for two months. Potter’s case is more remarkable than these others because she was just 14 years old herself when the authorities apprehended her. Her profile challenges contemporary wisdom because she was not an old woman predating upon children.”

Where did such a bizarre crime sprout from? James Kelly provides one potential root in his article ‘Horrid’ and ‘infamous’ practices: the kidnapping and stripping of children. He recounts Ireland’s struggles with kidnapping in the 18th century, where victims captured on the isle were sold into slave labour in the Americas – a practice common in Scotland too. Following the end of the American War of Independence in 1783 however, the combination of falling demand for labour in the northern states, and local public hysteria over kidnapping, served to dampen business. In the place of the diminishing people smuggling racket, often involving children, child stripping rose to prominence.

Other factors abound – the new industrial lifestyle, the rapid increase in city population, the expansion of the urban underclass – but the surging crime placed a new focus on child protection. The heavy penalties reveal a deep paternalism in the early 19th century, spurred on by shell-shocked authorities attempting to grapple with the rapid transformation of social realities.

Further Reading:

Robert Shiels, ‘Theft by child stripping’ 1998 Juridical Review pp.119-12
Donald M. Macraild and Frank Neal, ‘Child-stripping in the Victorian city’ (2012) Urban History v.39, pp.431-452.
James Kelly, “‘Horrid” and “infamous” practices: the kidnapping and stripping of children’ (2018) Irish Historical Studies v.42, pp.265-292.

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