Lives of the Most Remarkable Criminals Who have been Condemned and Executed for Murder, the Highway, Housebreaking, Street Robberies, Coining or other offences
History
Lives of the Most Remarkable Criminals Who have been Condemned and Executed for Murder, the Highway, Housebreaking, Street Robberies, Coining or other offences
Crime -- Great Britain; Criminals -- Great Britain -- Biography
_From crimes committed against the lives of men we descend next to
offences against their goods, in which, that we may be the more clearly
understood, we shall begin with the lowest kind of thefts. The Law calls
it larceny where there is felonious and fraudulent taking and carrying
away the mere personal goods of another, so long as it be neither from
his person nor out of his house. If the value of such goods be under
twelvepence, then it is called petty larceny, and is punishable only by
whipping or other corporal punishments; but if they exceed that value,
then it is grand larceny, and is punishable with death, where benefit of
clergy is not allowed._
_There are a multitude of offences contained under the general title of
grand larceny, and, therefore, as I intend only to give my readers such
a general idea of Crown Law as may serve to render the following pages
more intelligible, so I shall dwell on such particulars as are more
especially useful in that respect, and leave the perfect knowledge of
the pleas of the Crown to be attained by the study of the several books
which treat of them directly and fully. There was until the reign of
King William, a doubt whether a lodger who stole the furniture of his
lodgings were indictable as a felon, inasmuch as he had a special
property in the goods, and was to pay the greater rent in consideration
of them. To clear this, a Statute was made in the afore-mentioned reign,
by which it is declared larceny and felony for any person to steal,
embezzle, or purloin any chattel or furniture which by contract he was
to have the use of in lodging; and by a Statute made in the reign of
Henry VIII, it is enacted that all servants being of the age of eighteen
years, and not apprentices, to whom goods and chattels shall be
delivered by their masters or mistresses for them to keep, if they shall
go away with, or shall defraud or embezzle any part of such goods or
chattels, to the value of forty shillings or upwards, then such false
and fraudulent act be deemed and adjudged felony._
_But besides simple larceny, which is divided into grand and petty,
there is a mixed larceny which has a greater degree of guilt in it, as
being a taking from the person of a man or from his house. Larceny from
the person of a man either puts him in fear, and then it is a robbery,
or does not put him in fear, and then it is a larceny from the person,
and of this we shall speak first. It is either committed without a man's
knowledge, and in such a case it is excluded from benefit of clergy, or
it is openly done before the person's face, and then it is within the
benefit of clergy, unless it be in a dwelling-house and to the value of
forty shillings, in which case benefit is taken away by an Act made in
the reign of the late Queen. Larceny from the house is at this day in
several cases excluded from benefit of clergy, but in others it is
allowed._
Public-domain text, read in full here on John Shaqi.
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