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§. 3.
Petty Larceny. |
Larceny.
Petty Larceny, is, when the Goods stlon, do not exceed
the value of
twelve pence. And for this the offender shall be imprisoned for some
certain
time, and after shall be whipped, or otherwise punished by the discretion
of the Justices, before whom he is arraigned; but it is not Felony
of Death at this day, Stamf. 24. And yet by good opinions,
the stealing
of Goods to the value of only twelve pence hath been holden to be Felony
of Death. See Fitz. Coron. 178. & Br. Coron. 84,
85. & Forf. 1.
Doct. & Stud. 17. |
Chap. 154.
West. 1.
c. 15.
Br. Cor.
84 & 85.
Stamf. 24.
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Yet may not the Justice of Peace, before whom such
an offender, shall
be brought (out of the Sessions) punish by his discretion the said offender
for Petty Larceny, and so let him go, but must commit him to prison, or
Bail him, to the intent he may come to his Tryal, as in case of other Felonies;
and if upon his Tryal, the Jury shall find the Goods stollen, to
exceed, or to be but twelve pence in value, the offender shall have Judgment
to die for the fault. |
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But if the Indictment be laid twenty pence, and
the offender arraigned
thereof; yet upon his Tryal, if the Jury shall find the Goods to be but
of
the value of ten pence: Here the offender shall have Judgment but
as for
Petty Larceny, 41 E. 3. Abr. d' Ass. 70. |
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Also, although Petty Larceny be not Felony of Death,
nor punishable
by Death, yet it is a Felonious act, and a Felonious taking; for the Indictment
of Petty Larceny must be Felonice cepit: And he shall forfeit
all his
Goods and Chattels for such a Felony; and there is no difference either
in the nature of the offence, or in the mind of the offender, but only
in
the value of the thing stoln, which also maketh the difference of punishment. |
17 H. 8. 22.
F. Cor. 218.
Br. Cor. 8.
54. 88 &
219. |
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' And yet by some late opinions, Petty Larceny is
but in the nature of
' a Trespass, and, then where the principal is convicted but of Petty Larceny,
' there can be no Accessaries, and the Procurers or Receivers, knowing
' of the Goods to be stoln, are not to be dealt withal, as for Felony:
' But to be sent to the House of Correction, or to receive some other punishment,
' by the discretion of the Justices at the Quarter-Sessions. Quære
' inde. |
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If one shall steal Goods to the value of four pence
at one time, and six
pence at another time, and of three pence at another time, which together
do exceed the value of twelve pence; and that these several Goods
be all stoln from one and the same person, then may they be put together
in one Indictment; and the offender being thereupon arraigned and fond
guilty, shall have Judgment of Death therefore. |
F. Cor.
415.
Stamf. 24.
Cromp.
36. c. |
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Again, if two or more together, do steal Goods above
the value
of twelve pence. This is Felony of Death in them all; for the Felony
in
them is several, though the stealing be joyntly done.. |
F. Cor.
404.
Stamf. 24.
1. |
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' By the Law of God, for Theft the offender was
to yield at least the
' double value to the Party robbed; and if he were not able to make full
' restitution, then he was to be sold for the Theft, Exod. 22. |
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' Leges etiam Civiles furtum manifestum judicant
per redditionem quadrupli;
' & furtum non manifestum per dupli compensationem expiari, Cow. 199 |
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