| Chap. 156.
Lam. 27. 2.
Cromp. 26. |
Theft.
felony, because it was a Chattel severed when he took it. See
12 Ass p. 32.
Br. Coron. 76. |
373 |
Cromp. 37.
Stamf. 25. |
Also to take Lead from off a House or Church, will
not amount to felony,
for it is parcel of the House or Free-hold. |
|
Lamb. 271.
10 Ed. 4. 6.
Br. Cor.
152.
Co. 8. 33. |
Also to take away the Evidence of a Mans Land, or
any Indenture of
Lease, or any Obligation, Deed, Specialty, or other Writings, (be they
in or without a Box) it is no felony, because they cannot be valued; and
again, because they concern Inheritance, Chattels real, or things in action:
yet if they be in a Box unsealed, it seemeth that the taking of the Box
feloniously
is Larceny; but if the Box be sealed, and have Writings within
it, the Bos shall be of the same nature as the Writings that be therein,
10 Ed. 4. fol. 16. |
|
| Stamf. 25. |
So to take away an Infant in Ward is no Felony. |
|
Stamf. 27.
Br. Cor. F.
87. 265.
Br. Cor.
176. |
Also the taking and carrying away of such things
whereof the Owner is
unknown, in some cases is no felony: as the taking away of Treasure
that was hidden or lost, (be it Mony, Bullion or Plate) or of Wreck of
the Sea, or Goods that be Waived, or Strays (before they be lawfully seized,
&c.) it is no felony; but the takers away of such Treasure, Wreck,
and Waif, shall be punished by Fine and Imprisonment. 22 Ass.
p.
10. Br. Coron. 96. Fit. Coron. 187. & 265.
Vide Bract. lib. 3. fol. 119.
& 120. |
§. 9.
The Owner
unknown. |
Dyer 99.
Lamb. 172
& 476, 478.
7 Ed. 4. 14,
15.
Br. Indictment
33. |
And yet where the Goods be bona cujusdam hominis
ignoti, or bona cujusdam
mortui & ignoti, or bona Parochianorum, or the Goods of
a Church
or Chappel, as (Bells, Books, Chalices, Surplices, Bell-ropes, &c.
(or the
Goods of any Corporation in time of Vacation; in these cases there be
Owners of them to some purpose, and therefore it is felony to steal such
Goods. Vide Cro. 25. |
|
|
One Nottingham digged a dead Body out of
his Grave, and took away
his Winding Sheet; this was holden to be no felony, but punishable as a
Misdemeanour, and the Offender was adjudged to be whipped, &c. for
it;
This was at Cambridge Summer Assizes, Anno 1617. |
|
7 H. 6. 43.
5 H. 7. 18.
Stamf. 26. |
Note also, That a Man may commit felony by taking
his own Goods: as,
If A. do lend or deliver Goods to B. to
keep, and after A. doth take
them away feloniously, or privily and fraudulently, (to the intent to
charge B. or to recover Damages for the same against B. by
an Action of
Detinue) this is felony in A. and yet the property of the
Goods was in
him: yet M. Brook, Coron. 142. maketh a quære thereof. |
§. 10.
His own
Goods. |
MAr. lect.
12.
Cromp. 37. |
But if I lend my Plate, or deliver my Goods to another
to keep, and he
melteth my Plate, or changeth the fashion of my Goods; now if I should
take that Metal or those Goods feloniously, it were felony in me, because
the property is altered by altering of the fashion. See a little
before. |
|
|
If the party robbed taketh his Goods again from
the Thief, and suffereth
him to escape, Vide postea, tit. Accessaries. |
|
Cromp. 37.
P. R. 129. |
A man findeth my Purse in the High-way, and being
asked thereof,
denyeth it; this seemeth to be no felony, for he came not thereby at the
first feloniously: but by the Levitical Law he was to restore the
thing
found, with an addition of the fifth part more thereto. Levit.
6.3. 5.
Numb. 5. 7. |
|
|
A Man hath two Chains, the one of Gold, the other
of Copper, and he
selleth the Gold Chain, and delivereth it, and presently after he secretly
conveys away his Gold Chain, and puts the Copper Chain in the place
thereof: this is felony, Lecture M. Cook. |
|
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So if one taketh away my Horse, and leaveth another
of his (which is
like unto mine) instead thereof, this felony. Ibidem. |
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K k
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