ufe ordinary caution, and not expofe themfelves by carelessnefs or misbehaviour to thefe accidents. Yet fubfequent cafes folemnly confidered have put a more enlarged conftruction upon the ftatute, fo as to protect all perfons at least who have not expofed themselves to fuch a lofs by their own negligence or misbehaviour. The indictment muft lay the offence to have been done privily without the knowledge of the party, in exact pursuance of the words of the ftatute, otherwife the prifoner will be intitled to his clergy. And fo he is if the value be not laid as well as proved to be above 12d. And in this, as in other aggravated larcenies, the prifoner may be acquitted of the capital part of the charge, and found guilty of fimple larceny. ROBBERY. The next fpecies of aggravated larceny from the perfon, is robbery; which is a felonious taking of money or goods, to any value, from the perfon of another, or in his prefence against his will, by violence or putting him in fear. It is fufficient to ouft clergy if the thing taken be of any value, though under 12d.; for the gift of the offence is the force and terror; but fomething must be taken; for an affault with intent to rob is an offence of a different and inferior nature. In robbery it is fufficient if the property be taken in the prefence of the owner; it need not be taken immediately from his perfon, fo that there be violence to his perfon, or putting him in fear. As to the fort of violence neceffary to be proved, where the property is obtained in that manner, it is to be obferved that no fudden taking of a thing unawares from the perfon, as by fnatching any thing from the hand or head, is fufficient to constitute a robbery, unless fome injury is done to the perfon, or unless there is fome previous ftruggle for the poffeffion of the property. Even if the pretence is lawful or indifferent, if the true intent is to fteal, under the definition before given, and the poffeffion is obtained by force and violence from the perfon of the owner, or in his prefence, it amounts to robbery. This crime may also be conftituted by putting in fear as well as by force; or perhaps in ftrictnefs, it may be faid that fear will fupply the place of force. Yet it is not neceflary that actual fear fhould either be laid in the indictment, or ftrictly and precifely proved; provided the property be taken with fuch circumftances of violence or terror, or threatening by word or gefture, as would in common experience induce a man to part with it from an apprehenfion of perfonal danger; for the law, law, in odium fpoliatoris, will prefume fear where there appears to be fo reasonable a ground for it. If a man be knocked down without previous warning, and ftripped of his property while fenfelefs, he can with no propriety be faid to be put in fear; and yet that would undoubtedly be robbery. So a colourable gift, which in truth was extorted by fear, amounts to a taking and trefpafs in law. As if a person with a drawn fword, or other circumftances of terror indicating a felonious intent, beg alms of another, who gives it him through miftruft and apprehenfion of violence, the offence is the fame notwithstanding the pretence. So it is whether there were any weapon drawn or not; or whether it were an offenfive weapon; or whether the perfon affaulted delivered his money uponthe other's command; or afterwards gave it him upon his ceafing to ufe force, and afking it for alms; for the owner was put in fear by the affault, and there remained a reafonable ground for its continuance. The fame rule holds, although the thing taken were not really within the original contemplation of the robber, nor the object of his pursuit at the time. As where a man affaulted a woman with intent to commit a rape, but on her giving him money, took it, and being alarmed by persons coming up, defifted from his original purpose and ran off. If a perfon by force or threats compels another to give him goods, and by way of colour obliges him to take, or if he offers, lefs than the value, it is robbery. It is difficult to define exactly what the nature of the fear implied in this crime must be; but it is clear, that on the one hand, the fear is not confined to an apprehenfion of bodily injury; and on the other hand, it must be of fuch a nature as in reafon and common experience is likely to induce a perfon to part with his property against his will, and to put him as it were under a temporary fufpenfion of the power of exercising it, through the influence of the terror impreffed; in which case fear fupplies, as well in found reafon, as in legal conftruction, the place of force, or an actual taking by violence, or affault upon the perfon. Thus, therefore, the extorting of money by threats of future violence, of pulling down or burning a perfon's houfe, or charging him with an unnatural crime, have all been confidered as robberies. GRAND AND PETIT LARCENY, AND THEIR PUNISHMENT. In grand larceny, the value of the property taken must be above 12d. If it be only of that value, or under, it is but petit larceny and in thefe profecutions the valuation ought to be reasonable; for when the ftat. of Westm. 2. c. 25. was made, filver was but 20d. an ounce. The nature of the offence is the fame fame in both; they are both felony, though they differ in the degrees of their punishment, and in fome other particulars. At common law the judgment for grand Jarceny is of death, but the party may pray the benefit of his clergy, unlefs in cafes where he is outed by particular ftatutes, and he fhall alfo lofe his goods. In petit larceny, the offender was only fubject to whipping, or other corporal punishment lefs than death, by which is now understood imprisonment: and in this cafe he also forfeits his goods on conviction. But in robbery, whatever be the value, the judgment is death. Befide thefe, feveral other modes of punishment have been introduced by various ftatutes. Perfons to whom clergy is allowed, may, for their further correction, be imprifoned for any time not exceeding a year, in the diferetion of the court; or they may be burnt in the hand, or committed to the house of correction, for not less than fix months, nor more than two years; or, instead of these, the juftices may order them to be transported for feven years; or, inftead of transportation for feven years, to hard labour on board the hulks for not lefs than one year nor more than five; but if the term of tranfportation was fourteen years, he may be placed on board the hulks for feven. Instead of burning in the hand, a moderate fine may be impofed, or public or private whipping, not more than three times, may be ordered. ACCESSARIES. Though it is true that in larceny and robbery all thofe who come to fteal or rob are principals, although the fact may only be committed by one of them, and are fubject to the fame punishments; yet it is otherwife as to larcenies deprived of clergy under particular circumstances, fuch as the cafe of ftealing privately from the perfon, under the stat. 8 Eliz. c. 4.; and the 39 Eliz. c. 15. for breaking and entering a houfe, &c. and ftealing to the value of 55.; [though in the latter cafe the deficiency is fupplied by the itat. 3 & 4. W. & M. c. 9:] in which cafes the abettors at the fact are not excluded from clergy, but remain liable only to the penalties of fimple larceny. In petit larceny there can be no acceffaries either before or after, although it is felony; because it is not fuch as judgment of death ought by law to be paffed upon it, but procurers and counfellors are principals, as in trefpafs. With respect to grand larceny, the common law refpecting acceffaries ftands upon the fame footing as in other felonies. RECEIVERS OF STOLEN GOOps. At common law no re ceivers were acceffaries but fuch as received or harboured the thief himfelf; the receiving of the ftolen goods only, did nat make make a man acceffary, without taking a reward to favour the felon's escape. If the owner received back his goods fimply and without any agreement to favour the felon in his profecution, it was lawful: but if he received them upon an agreement not to profecute, or to profecute faintly, it was called theft bote, and punishable by imprisonment and ranfom. But now by ftatute 3 W & M. c. 9. if any perfon fhall buy or receive any goods or chattels, knowing the fame to be ftolen, he fhall be deemed, and incur the fame punishment as, an acceffary after the fact. The 5 Ann. c. 31. enacts to the fame effect in general words. And by 4 Geo. I. c. 11. perfons convicted of receiving or buying goods, knowing them to be stolen, may be tranfported for fourteen years; but they must pray the benefit of the statute, or they will be capitally convicted under that of Anne. Before these acts, the receiving of ftolen goods was merely a mifdemeanor; but now the mifdemeanor is merged in the felony; and therefore a prosecution for a misdemeanor only would be illegal and improper. This however is to be understood of thofe cafes only where the principal can be come at, fo as to give an opportunity of convicting the receiver as an acceffary to the felony. For till the ftat 1 Ann. the receiver could not be profecuted or punished at all before the principal thief was tried and convicted; on this account. the receiver, who is generally the employer and patron of the thief, often escaped with impunity; by keeping the thief out of the way. To remedy this inconvenience, the ftat. Ann. ft. 2. c. 9. enacts, that it fhall be lawful to profecute every perfon buying or receiving goods, knowing them to be stolen, as for a misdemeanor; to be punished by fine and imprisonment, although the principal felon be not before convicted, which fhall exempt the offender from being punifhed as acceffary, if the principal fhall be afterwards convicted; and by 5 Ann. c. 31. it is provided, that if any fuch principal felon cannot be taken, yet it fhall be lawful to profecute the receiver, as for a misdemeanor. Upon a conviction under the last mentioned claufes of the ftatutes of Anne as for a mifdemeanor, the punishment is by fine, imprisonment, or corporal punishment, at the discretion of the judge, as in cases of misdemeanors; but the 4 Geo, I. c. 11. which fubjects receivers to transportation for fourteen years, does not extend to profecutions under the ftatutes of Anne for a misdemeanor only; and where the principal is amenable to juftice, the receiver ought ftill to be profecuted as an acceffary to the felony, and not for a misdemeanor only. Thefe ftatutes however left the law imperfect, for under that of 5th Anne, a receiver could not be convicted after the A principal felon had been tried and executed; but the 22 Gea. III. enacts, that in all cafes whatsoever, where any goods or chattels (except lead, iron, copper, brafs, bell-metal, and fol der) fhall have been felonioufly taken or ftolen; whether the offence of the principal fhall amount to grand larceny, or some greater offence, or to petit larceny, only; (except where the perfon or perfons actually committing the felony fhall already have been convicted of grand larceny, or of fome greater offence; every person who shall buy or receive any fuch goods and chattels, knowing them to have been ftolen, fhall be deemed guilty of a mifdemeanor, and punished by fine, imprifonment, or whipping, as the court of quarter feflions (who are thereby empowered to try fuch offender) or as any other court before whom he fhall be tried, fhall think fit; although the principal felon be not before convicted, and whether he is amenable to justice or not. And in cafes where the felony actually committed fhall amount to grand larceny, or to fome greater offence, and where the perfon actually committing it fhall not before be convicted, fuch offender fhall be exempted from being punished as acceflary, if fuch principal felon or felons fhall be afterwards convicted. One juftice of the peace, an complaint made before him on oath, that there is reafon to fufpect that ftolen goods are knowingly concealed in any dwelling house, or other place, may, by warrant under his hand and feal, caufe every fuch place to be fearched in the day time; and the perfons knowingly concealing the ftolen goods, or in whofe cuftody they are found, being privy thereto, fhall be deemed guilty of a misdemeanor, (and may be brought before a juftice of peaco, and made amenable to answer the fame by warrant), and punifhed in the manner aforefaid. This not to repeal any former law for the punishment of such offenders. The legislature has alfo made particular provifions in a variety of cafes against receivers of certain ftolen goods. By 29 Geo. II. c. 30. every person who fhall buy or receive any lead, iron, copper, brafs, bell-metal, or folder, knowing the fame to be unlawfully come by; or fhall privately buy or receive any ftolen lead, iron, copper, brafs, bell-metal, or folder, by suffering any door, window, or fhutter, to be left open, or unfaftened between fun-fetting and fun-riding for that purpofe; or shall, buy or receive the fame, or any of them, at any time, in any clandeftine manner, from any perfon whatsoever; fhall, being thereof convicted by due courfe of law, although the principal felon has not been convicted, be tranfported for fourteen years. By 21 Geo. III. c. 69. fimilar punishment is extended to thofe who receive ftolen pewter pots, or any pewter in any form or hape |