" Ll. Aethelst. Wilkins,
p. 65.
(* 35) Ll. Inae. c. 7. "Si quis furetur ita ut uxor ejus et
infans ipsius nesciant, solvat 60. solidos poenae loco. Si autem
furetur testantibus omnibus haeredibus suis, _abeant omnes in
servitutem_." 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. Ll. Cnuti. 61. cited in notes
on Arson. In the time of William the conqueror, it seems to have been
made punishable by fine only. Ll. Gul. conq. apud Wilk. p. 218, 220.
This commutation, however, was taken away by Ll. H. 1. anno 1108. "Si
quis in furto vel latrocinio deprehensus fuisset, suspenderetur;
sublata wirgildorum, id est, pecuniarae redemptionis lege." Larceny
is the felonious taking and carrying away of the personal goods of
another. 1. As to the taking, the 3. 4. W. M. c. 9 5. is not
additional to the Common law, but declaratory of it; because where
only the care or use, and not the possession, of things is delivered,
to take them was larceny at the Common law. The 33 H. 6. c. 1. and
21, H. 8. c. 7. indeed, have added to the Common law, by making it
larceny in a servant to convert things of his master's.
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