A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

ROBBERY.

Robbery, is so called, because Goods are taken* 1.1 as it were de la robe, from the robe, that is from the person. It is when a man taketh any thing from the person, or out of the possession of ano∣ther seloniously.

A Robbery was done in Ianuary after the Sun∣setting, during twilight, and it was adjudged that the Hundred should answer for it, because it was convenient time for men to travell, or be about their works or businesses, and with this accords* 1.2 the Book in 3. Edw. 3. tit coronne 293. that if one kill another at the hour of the Evening and escape, by the Common Law the Town shall be amerced, for this is counted in the Law part▪ of the day.

A man in time of Divine service upon the Sab∣bath Day was rob'd, Mountague Chief Justice was of opinion that the Hundred should not be charg'd, but Doderidge, Sir Iohn Crook, and Hawtain Justi∣ces, were of contrary opinion, that the Hundred should be charged, and so it was adjudged termi∣no Michaelis.

Although the thing so taken be not to the value but of a penny, yet it is felony for which the offender shall suffer death, and shall not have the* 1.3 benefit of his Clergy, not so much for the value of the goods taken, as for terrifying the party robbed, a putting him in dread and fear of his life.

He that robbeth any dwelling house, or out∣house* 1.4 belonging to it in the day time, of the va∣lue of 5 s. whether it be money, goods or ca••tels shall not have his Clergy.

If a Bailiff of a Mannor, or a receiver, or a Factor of a Merchant, or the like accountant be robbed, he shall be discharged thereof upon his* 1.5 account. But otherwise it is of a Carrier, for he hath his Hire, and thereby implicitely underta∣keth the safe delivery of the goods delivered to him, and therefore he shall answer the value of them if he be robbed of them. So if goods be de∣livered to a man to be safely kept, and after those

goods are stollen from him, this shall not excuse him, because by the acceptance he undertook to keep them safely, and therefore he must keep them at his perill. So it is if goods be delivered to one to be kept; for to be kept and to be safely kept is all one in Law: but if goods be deli∣vered to him to be kept as he would keep his own, there if they be stollen from him without* 1.6 his default or negligence, he shall be discharged. So if goods be delivered to one as a gage or pledge, and they be stollen he shall be discharged, because he hath a property in them, and there∣fore he ought to keep them no otherwise then his own: but if he that gaged them tendred the money before the stealing, and the other refused to deliver them, then for this default in him he shall be charged. If A. leave a Chest locked with B. to be kept, and taketh away the Key with him, and acquainteth not B. what is in the Chest, and the Chest together with the goods of B. are stollen away, B. shall not be charged therewith, because A. did not trust B. with them as th••s case is.

Notes

• * 1.1

  Either be∣cause they bereaved the true man of some of his robes or garments, or because his money or goods were taken ••ut of some part of his garment, or robe about his person. Sir Edward Cook's 3d parto•• Instit. Ch. 16.
• * 1.2

  Cook 7th Rep. Ash∣pooles case.
• * 1.3

  Stamford Dr. & Stu.
• * 1.4

  39 Eliz. 15. c.
• * 1.5

  Cook 4th Rep. South∣cots case. 83. B. & on Lit. l. 2. c. 5. sect. 123.
• * 1.6

  Id. ib.