have been made punishable by fine only. LI. Gul. Cohq. apud
Wilk. p. 218. 220. This commutation, however, was taken away
by LI. H. 1. anno 1108. 'Si quis in furto vel latro-cinio
deprehensus fuisset, suspenderetur: sublata wirgildorum, id
est, pecu-niarse redemptions lege.' Larceny is the felonious
taking and carrying away of the personal goods of another.
1. As to the taking, the 3 & 4 VV. M. c. 9. Sec. 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 11. 8. c. 7., indeed., have
added to the Common law by making it larceny in a servant to
convert things of his master's. But quaere, if they should be
imitated more than as to other breaches of trust in general.
2. As to the subject of larceny, 4 G. 2. c.32; 6 G. 3. c. 36
48; 43 El. c. 7; 15 Car. 2. c. 2; 23 G. 2 c. 26; 31 G. 2. c.
35; 9 G. 3. c. 41; 25 G. 2. c. 10. have extended larceny to
things of various sorts, either real, or fixed to the
realty. But the enumeration is unsystematical, and in this
country, where the produce of the earth is so spontaneous as
to have rendered things of this kind scarcely a breach of
civility or good manners in the eyes of the people, quaere,
if it would not too much enlarge the field of Criminal law?
The same may be questioned of 9 G. J. c. 22; 13 Car. 2. c.
10; 10 G. 2. c. 32; 5 G. 3. c. 14; 22 h 23 Car. 2. c. 25; 37
E. 3. c. 19. making it felony to steal animals ferte
natures.

Petty Larceny shall be, where the goods stolen are of less value than
five dollars; and whosoever shall be guilty thereof, shall be forthwith
put in the pillory for a quarter of an hour, shall be condemned to hard
labor one year in the public works, and shall make reparation to the
person injured.

Robbery* or larceny of bonds, bills obligatory, bills of exchange, or
promissory notes for the payment of money or tobacco, lottery tickets,
paper bills issued in the nature of money, or of certificates of loan on
the credit of this Commonwealth, or of all or any of the United States
of America, or Inspectors' notes for tobacco, shall be punished in the
same manner as robbery,or larceny of the money or tobacco due on or
represented by such papers.* 2 G. 2. c. 25