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 ...

STEALING.

Stealing. Theft is the fraudulent taking away of another mans goods, with an intent to steal them against (or without) ▪the will of him, whose goods they be.

The Civil Laws do judg open theft to be sa∣tisfied by the recompence of four-fold, and pri∣vy theft, by the recompence double, but the* 1.1 Laws of England suffer neither of those offences, to be more favourably punished, then with the of∣fendors death, so that the value of the thing stollen be above 12 d.

He that stealeth the Eggs of Swans out of their Nests, shall be imprisoned for a year and a day, and fined according to the Kings pleasure,* 1.2 one moity to the King, and the other to the owner of the Land where the Eggs were so taken, and it was a Custom in antient time, that he which stole a Swanne in an open and common River lawfully marked, the same Swanne (if it may be) or another Swanne shall be hanged in a House by the beak, and he which stole him in recompence thereof compelled to give the owner

as much Corn as may cover all the Swan, by put∣ting and turning the Corn upon the head of the Swanne, untill the head of the Swanne be covered with the Corn.

Notes

• * 1.1

  Fortescue de laudibus legum Au∣gliae.
• * 1.2

  Cooks 7th Rep. Cases of Swans.