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Of Stealth.
FElonie is a bare Felonie, or pettie treason.
Bare Felonie is a Felonie of the lowest nature, and is punishable by * 1.1 hanging.
This is simple, or mixt.
Simple, as stealth, and man-slaughter.
Stealth is the wrongfull taking of goods without pretence of title. And there∣fore altereth not the propertie, as a trespasse * 1.2 doth, so as vpon an appeale the partie shall re-haue them.
21. H. 8. cap. 7. (made perpetuall, 5. Eliz. cap. 18.) The seruant that hath any goods or chattels deliuered him to keepe by his master, and (with an intent to steale) doth either goe away therewith, or being in ser∣uice, imbezle, or conuert the same to his owne vse, shall be iudged a theefe, if the va∣lue of the goods amount to xl. s.
This extendeth not to Apprentices, or any person within eight yeares of age.
Inne-kéepers must answere for goods * 1.3 of their guests stollen: though they let them haue a chamber with a key vnto it, to keepe their goods in. But if the guest suf∣fer with his good will a stranger (whom he knoweth not) to lodge with him in the chamber, and the stranger rob him, the In∣keeper shall not be charged. Otherwise it is, if he be lodged there by the Inne-keeper.
Goods confisked; that is to say, which * 1.4 the théefe, attainted for stealing another thing, for if it bee for stealing the same goods they are said to bee forfeit, and not * 1.5 confisked, disclaimeth to haue any proper∣tie, in and waifes; that is to say, which a * 1.6 theefe (but not one that committeth a tres∣passe) waiueth; are the Kings, if he (whe∣ther any officer of his, or the Lord of the * 1.7
Franchise, seise them before the partie from whom they were stollen. But if the party from whom they were stollen seise them first, (though it bee not in xx yeares after they be stollen) or doing his diligence to apprehend the theefe, which is called fresh * 1.8 suite; whither the theefe bee taken at his suite or not, conuict him afterwards vpon an Appeale; he shal haue his goods again.
21. H. 8. cap. 11. The partie shal haue re∣stitution of his goods without fresh suite, if he or any for him giue in euidence, by rea∣son whereof the other is attainted.
The stealing of goods which exceed not the value of xii. b (called pettie Larcenie) * 1.9 is a felonie (for a man may iustifie the cal∣ling of one theefe for such an offence) that doth onely forfeit his Chattels.
Stamf. 182.
4. H. 7. 5.
22. H. 6. 21.
(a) 3. E. 3 corone 371.
(b) 3. 3. 3. coron. 355
(c) 12. E. 45.
(d) 21. E. 4. 16.
21. E. 4. ibid. 7. H. 4 43.
27. H. 8. 22.