m to have been occasional and unsystematical.
The houses on which Burglary may be committed, and the
circumstances which constitute that crime, being
ascertained, it will be better to define House-breoking by
the same subjects and circumstances, and let the crimes be
distinguished only by the hour at which they are committed,
and the degree of punishment.
Whosoever shall be guilty of Horse-stealing,* shall be condemned to hard
labor three years in the public works, and shall make reparation to the
person injured.
* The offence of Horse-stealing seems properly
distinguishable from other larcenies, here, where these
animals generally run at large, the temptation being so
great and frequent, and the facility of commission so
remarkable. See 1 E. 6. c. 12; 23 E. 6. c. 33; 31 El. c. 12.
Grand Larceny* shall be where the goods stolen are of the value of five
dollars; and whosoever shall be guilty thereof, shall be forthwith put
in the pillory for one half hour, shall be condemned to hard labor**
two years in the public works, and shall make reparation to the person
injured.
* The distinction between grand and petty larceny is very
ancient. At first 8d. was the sum which constituted grand
larceny. LI. AElhelst. c. 1. 'Ne parcatur ulli furi, qui
furtum manutenens captus sit, supra 12 annos nafo, et supra
8 denarios.' Afterwards, in the same king's reign, it was
raised to 12d. 'Non parcaturalicui furi ultra 12 denarios,
et ultra 12 annos nato--ut occide-mus ilium et capiamus omne
quod possidet, et inprimis sumamus rei furto ablatse pretium
ab hserede, ac dividatur postea reliquum in duas partes, una
pars uxori, si munda, et facinoris conscia non sit; et
residuum in duo, dimi-dium capiat rex, dimidium societas.'
LI. AEthelst. Wilkins, p. 65. VOL. I. 17
** LI. Inse, c. 7. 'Si quis furetur ita ut uxor ejus et
infans ipsius nesciani, solvat 60. solidos pcenae loco. Si
autem furetur testantibus omuibus haere-dibus suis, abeant
omnes in servilutem.' 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. LI. Cnuti 61. cited in notes on
Arson. In the time of William the Conqueror, it seems lo
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