The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
[63] Ll. Inae. c. 7. "Si quis furetur ita ut uxor ejus et
infans ipsius nesciant, solvat 60. solidos poenae loco. Si
autem furetur testantibus omnibus haeredibus suis, _abeant
omnes in servitutem_." Ina was king of the West-Saxons,
and began to reign A. C. 688. After the union of the
Heptarchy, i. e. temp. Aethelst. inter 924 and 940, we find
it punishable with death as above. So it was inter 1017 and
1035, i. e. temp. Cnuti. Ll. Cnuti 61. cited in notes on
Arson. In the time of William the conqueror, it seems to
have been made punishable by fine only. Ll. Gul. conq. apud
Wilk. p. 218, 220. This commutation, however, was taken away
by Ll. H. 1. anno 1108. "Si quis in furto vel latrocinio
deprehensus fuisset, suspenderetur; sublata wirgildorum, id
est, pecuniarae redemptionis lege." Larceny is the felonious
taking and carrying away of the personal goods of another. 1.
As to the taking, the 3. 4. W. M. c. 9 § 5. is not additional
to the Common law, but declaratory of it; because where
only the care or use, and not the possession, of things is
delivered, to take them was larceny at the Common law. The
33. H. 6. c. 1. and 21 H. 8. c. 7. indeed, have added to
the Common law, by making it larceny in a servant to convert
things of his master's. But quære, if they should be imitated
more than as to other breaches of trust in general. 2. As
to the subject of larceny, 4 G. 2. c. 32. 6 G. 3. c. 36. 48.
43. El. c. 7. 15. Car. 2. c. 2. 23. G. 2. c. 26. 31. G. 2. c.
35. 9. G. 3. c. 41. 25. G. 2. c. 10. have extended larceny to
things of various sorts either real, or fixed to the reality.
But the enumeration is unsystematical, and in this country,
where the produce of the earth is so spontaneous, as to have
rendered things of this kind scarcely a breach of civility or
good manners, in the eyes of the people, quære, if it would
not too much enlarge the field of Criminal law? The same may
be questioned of 9 G. 1. c. 22. 13 Car. 2. c. 10. 10 G. 2. c.
32. 5 G. 3. c. 14. 22 and 23 Car. 2. c. 25. 37 E. 3. c. 19.
making it felony to steal animals feræ naturæ.
[64] 2 G. 2. c. 25 § 3. 7 G. 3. c. 50.
[65] 3. 4. W. M. c. 9. § 4. 5 Ann. c. 31. § 5. 4 G. 1. c. 11.
§ 1.
[66] 1 E. 2.
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