| Chap. 152, 153. |
Theft. Robbery.
for victual under the value of twelve pence, nor in Natural Fools, or
other
persons that be non compos mentis; but for Poor entring for Victual
at this
day, it is Felony in them. |
363 |
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' Unc' si pur conversatione de vie, home emble
viands de satisfie son present
' hunger, ceo nest felony, nec larceny. Car necessitas inducit privilegium
quoad
' jura privata. Stamf. Sir Fr. Ba. 29 & hic
postea. |
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And as for Infants. See hic cap. 95.
& 104.
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Theft. CHAP. CLII. V. 100.
THeft is the fraudulent taking away of another Mans
moveable Personal
Goods, with an intent to steal them, against (or without) the
will of him whose Goods they be: And this is of two sorts, Robbery
and
Larceny. See Larceny postea, cap. 10. |
§. 1.
Definition. |
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' Note, That le tortious prisel de biens, ove
probable pretence de title ne
' que Trespass. |
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' Et nota, quod leges civiles furtum manifestum
judicant per redditionem
' quadrupli: Et furtum non manifestum per dupliu compensationem.
Dr. Cow.
' 199. Et vid. Ex. 22. where if the party were not able
to make satisfaction,
' he was to be sold for the Theft.
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Dyer 824.
Stamf. 17.
Co. Finch. |
Robbery. CHAP. CLIII.
RObbery (in Latin called Rapina) is properly
the Felonious taking
of any thing from the person of another, or in his presence, against
his will, by assault in the High-way, or elsewhere, and putting him in
fear
thereby: And here although the thing taken, be but to the value
of an
halfpenny, yet it is Felony; for which the offender shall suffer Death,
without
benefit of Clergy. |
§. 1.
Definition. |
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As if one by the High-way assaulteth me, and taketh
away my Purse,
Mony, or other Goods. |
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9 Ed. 4. 28.
Stamf. 29. |
But if a Thief assault me to rob me, and biddeth
me deliver my
Purse, but taketh nothing from me (in regard that I being too good for
him
shall apprehend him, or shall levy Hue-and-Cry, whereby he is taken) this
is taken to be no Robbery nor Felony at this day: For although intent
may
make a Man guilty of Treason (as you may see here before, Title Treason)
yet in case of Felony, there must be an execution of that which was formerly
intended, and resolved to be done, viz. to kill the party, or to
steal
or take away the thing, &c. And therefore in M. Plow. fol.
259. b. Walsh
Serjeant saith, Que intent de faire tort, sans del act fuit nest
punishable in
n'ro L os, nec Resolution, &c. nez le fe sans de P act est le sole
point que nostre
Ley respect. |
§. 2.
What. |
| Stamf. 171. |
And yet the assault (yea, to he in wait) only to
rob me, hath been in
former times holden to be Felony, as appeareth by the Books, 27 Ss.
p. 38. & 13 H. 4. 7. 25. E. 3. 42. Fitz.
Coron. 132. & 267. Br. Coron. 106.
215. |
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And so the intent to commit Burglary (or Murder)
hath been holden
to be Felony; for the Will was reputed for the Deed, Vide 27 Ass.
38. Fitz.
Coron. 383 & Stamf. fol. 17. a. But the Law
is otherwise at this day. |
§. 3.
Taking. |
20 Eliz.
Crom. 341. |
In this former description of Robbery, the word
(taking) is largely
to be extended against the offender. So that although the Thief taketh
nothing from my person, yet if he assaulteth me, and upon his assault
he |
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