| 364 |
Robbery.
threatneth to kill me, if I deliver him not my Purse; and thereupon
I cast
my Purse down, and he taketh it away; this is Robbery. |
Chap. 153. |
|
So if one draws his Sword upon me, and biddeth me
deliver my Purse,
and I refuse, and after he prays me to give him a penny, and I do so; yet
it
seems this is Robbery: For, if by the assault I was put in fear,
and out of that
I gave him this Mony to be rid of him. |
Cromp. 34. |
|
So if a Thief do only assault me to rob me, and
I deliver him my Purse
with mine own hand; yet this is Robbery, in regard this fact of mine proceeded
from fear, or by his menacing, &c. |
Ibid. |
|
So in flying from the Thief, I cast my Purse into
a Bush to save it, and
the Thief seeth me, and taketh it away, this is Robbery; for in this case
had they not put me in fear, I should have not cast my Mony from me. |
Stamf. 37.
c. |
|
So if one assaults me to rob me, and I flying away
from him, my Hat
falleth off, and the Thief taketh it up, and carrieth it away; this is
Robbery. |
Cromp. 35. |
|
So if a Thief cometh, and biddeth me deliver my
Purse (without
drawing any Weapon, or other force used) and I deliver him my Purse,
and he finding but two shillings therein, delivereth it me all again; yet
this
is Robbery, |
20 Eliz.
Cromp. 34. |
|
So if Thieves do take a Man, and by threats compel
him to swear to
bring them Mony to such a place (at another time) or else that
they will kill him, by force whereof he bringeth the Mony accordingly;
this is Robbery. Term. Pasch. 36 Eliz. It was adjudged
accordingly. |
44 E. 3. 14.
4 H. 4. 3.
Stamf. 27. |
|
One came to a Fisherman, going in the High-way to
Market with Fish
to sell, and desired to buy some Fish of him, and he refused, whereupon
the other took away some of the Fishermans Fishes against his will, and
gave
him more Mony for them than they were worth; but the Fisherman was
thereby put in fear: Whereupon the other was indicted, and arraigned
at
York about 26 Eliz. But Judgment was respited, for
that the Court doubted
whether it were Felony or no. |
Cromp. 35. |
§. 4.
Person. |
Also, in the former description of Robbery, the
words from the person
are not so nicely to be construed, that (to make up Robbery) the Goods
must needs be annexed to the body of the person; for in some Cases it
may be Robbery, notwithstanding the Thief doth neither take the Goods
from the person of the owner, nor yet assault him. |
|
|
As if in my presence a Felon taketh away my Goods
openly against my
will; this is Robbery, though he neither taketh them from my person,
nor assaulteth me: For the loss is the same, and the fear alike,
as though
it had been from my person. |
Stamf. 27.
Lamb. 365. |
|
And if one or more do take a Horse out of my Pasture,
or drive my
Cattle out of my Ground, I standing by, and looking on at the same time;
this is Robbery, if so be that the Felon doth neither make an assault upon
me, or doth put me in fear. |
P. R. 131. |
§. 5.
Fear. |
Note, to make it Robbery, the person must be put
in fear: For if a
Felon doth take Mony from e in the High-way, and shall not put me in
fear; this is no Robbery, Lamb. 266. Cromp. 35. P.
R. 131. |
Dyer 2. 21. |
|
And you shall find a Case in my Lord Dyer, how
a Felon did take Mony,
to the value of forty shillings, or above, from the person of another
in the High-way, and yet for that he did not put his person in fear, by
assault
and violence, This was holden no Robbery, and the offender was allowed
his Clergy for the same Felony, 5 Eliz. Finch. lib. 2. |
|
|
Note also, if two Thieves shall attempt to rob me,
and I flie from
them, and one of the Thieves follow me, and the other espying another |
Cromp. 34. |
|
 |
