| 370 |
Theft.
' If one takes a Sheep in my Pasture or Fold, or
a Calf in my Pen, &c.
' and killeth the same, and be found or taken doing it, and then begins
to
' flie; this is Felony, though he hath not carried the same away out of
the
' place where he first took it.
|
Chap. 156. |
§. 1. |
Next, Of what things Larceny may be committed, and of what not.
CHAP. CLVI. V. 103.
NOte, THat all felonious taking of any thing whereof
another hath
property, is Felony, 22 H. 6. Br. Coron. 190. |
|
Moveable
Goods. |
And therefore Larceny may be committed by taking
any of the moveable
Goods of any Person, as Mony, Plate, Apparel, Houshold-stuff, or
Corn, Hay, Trees or Fruit, (that are severed from the Ground) or the like;
the stealing of them is Felony. |
|
| Domestical. |
It is also Felony to steal any Horses, Mares, Colts,
Oxen, Kine, Sheep,
Lambs, Swine, Pigs, Hens or Geese, Ducks, Turkies, Peacocks, and other
Domestical Birds or Beasts of tame Nature, 18 H. 8. 2. For
the Nature of
these things being tame, (and not savage) if they shall run or flie away,
though out of sight of the Owner, yet in what place soever they be found,
they cease not to be his, so as whosoever detaineth them from the Owner
is punishable by way of Action. |
|
§. 2.
Wild. |
It is Felony also to take some things that be of
wild nature: As to take
young Pigeons which cannot flie, out of another Mans Dove-house or
other House; or to take young Hawks, or young Herons, out of their Nests
(or Airies) and breeding in a Park, or other several Ground; so to take
Fishes that be kept in a Trunk or several Pond: For that the property
of
such things shall be always adjudged in the Owner of the Dove-house,
Ground, Trunk or Pond, in as much as such things cannot (of themselves)
go or get out thereof, but that the Owner of such Dove-house, Ground or
Pond, may take them at all times at his pleasure, 10 E. 4. 17. a.
Bingham,
& 18 E. 4 f. 8. a. |
Fitz. 86. 1.
Stamf. 25.
c.
18. E. 4. |
|
So of old Doves taken in the Dove-coat (in the night
time especially;)
and so it seemeth of any other wild Beast or Fowl (being of value) and
taken within a Mans house. |
Br. Cor. 92.
22 Ass. 95.
Kit. 9. b.
27. b. |
|
At Cambridge Summer Assizes Anno 1627.
there were two indicted and
arraigned of Felony before Sir Francis Harvey, for taking Fish out
of a Net
lying in the River, being the several Fishing of Sir Ed. P. |
22 H. 8. 9. b.
16 E. 4. 7. a. |
|
Also it is Felony to take any Swans that be lawfully
marked, though
they be at large; for a Man hath property in such. See Co. L.
16. b. 17. a.
Quære, if they be flying Swans, and not pinioned. |
|
§. 3.
Swans. |
Also for Swans unmarked, if they be Domestical or
Tame, sc. kept in a
Moat, or in a Pond near to a Dwelling-house, and so be Domni or
Manui
assueta, to steal such is Felony, See Co. 7. 17. b. Hic postea. |
|
|
So it seemeth of Swans unmarked, so long as they
keep within a Mans
Mannor, or within his private Rivers; yet if they happen to escape out
of
a Mans Mannor, or private Rivers; yet if they shall be pursued and taken,
and brought in again. See Co. 7. 16. b. |
|
|
But if Swans that be unmarked shall be abroad, the
Kings Officers may seise
them (being abroad) for, and to the use of the King, by his Prerogative,
they being Volatilia Regalia: Also the KIng may grant them,
and by consequence |
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