| Chap. 154. |
Larceny.
true Man (but out of the sight of his fellow) rides towards him, and
robbed
him; this was adjudged Robbery in both the Thieves; and yet the one
was neither in sight, or knowing of this Robbery: But because they
both
came to rob, and at the same time, this fact committed by the one, shall
be
imputed to the other also. It was Pudseys Case, 28 El. |
365 |
8 Eliz. 4.
P. Cler. 1.
Lamb. 266.
Cro. 34, 35.
Crom. 117. |
If one shall cut my Purse, or take or pick my Purse
out of my Pocket
secretly or privily and fraudulently; it is Felony of Death, without benefit
of Clergy, if it be above the value of twelve pence. Quære,
if it be
under twelve pence, because it is taken from the person of a Man, and the
form of the Indictments are Insultum fecit. (Fitz. Coron.
430.) Also the
words (8 Eliz. 4.) are, That no person taking any Mony or Goods
(generally)
from the person of another, &c. shall have his Clergy; and yet
by the opinion of Mr. Lambert and Mr. Crompton, this is no
Felony of
Death, unless the thing taken be of more value than twelve pence, but
Petty Larceny; for which the offender is not to have Judgment of Death,
and therefore needeth not his Clergy. |
Catpurses. |
P. Clerg. 1.
Lamb. 166. |
So if one shall take any Mony or other Goods from
my person, secretly
without my knowledge, or by sleight only, I neither being made afraid,
nor witting of it (if it be above twelve pence in value) it is Felony of
Death. |
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26 Eliz.
Cro. 353. |
A Man cutteth my Girdle privily, my Purse hanging
thereat, and the
Purse and Girdle falleth to the ground, but he did not take them up (for
that he was espied) this is no Felony; for that the Thief never had an
actual possession thereof, severed from my person: But if he
had holden
the Purse in his Hand, and then cut the Girdle (although it had faln to
the
Ground, and that he took it up no more) then had it been Felony (if there
had been above twelve pence in the Purse) for he had it once in his possession:
But these secret and privy-takings from my person, are no
Robbery; for he neither assaulted me, not put me in any fear. Dyer
224. |
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' And in ancient time, the offender only lost his
right Thumb. See Fitz.
Coro. 434.
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Larceny. CHAP. CLIV. V.
101.
LArceny (being fetched from the Latin Word, Latrocinium)
is properly
a fraudulent and felonious taking away of another Mans personal
Goods, removed from his Body or Person, in the absence of the
Owner, and without his knowledge or will. ' Bracton, lib. 3.
cap. 17.
' & 32. saith, Furtum omnino non commititur, sine affectu &
animo
' surendi. |
§. 1. |
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And Mr. Finch (tit. Felonies) saith,
That Larceny is the secret taking
of the Goods of another, above the value of twelve pence, without pretence
of Title. |
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' Ce le tortious priselde de beint, ove pretence
de tit. n'est que Trespass. |
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Grand Larceny is, when the Goods stoln be above
the value of twelve
pence; and this is Felony of Death, sc. wherein Judgment of Death
shall
be give upon the offender, except he be saved by his Book. |
§. 2.
Grand
Larceny. |
F. Cor.
451. |
And yet if the Goods stoln be to the value of ten
shillings, if the Jury
that passeth upon his Arraignment, shall find, that the Goods did not exceed
the value of twelve pence, then that offence shall be taken but for
Petty Larceny. |
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I i 3
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