Houses, Murther, Robbery, or Burglary, or other Felony according to the tenor and meaning of the same Statute [23 H. 8. c. 1.], and thereupon arraigned and do stand mute of malice or froward mind, or challenge peremptorily above the number of twenty, or else will not or do not answer directly to the same Indictment and Felony whereupon he is so arraigned, shall from henceforth lose the benefit and privilege of his or their Clergy, in like manner and form as if he had directly pleaded to the same Petit Treason, Murther, Robbery, Burglary, or other Felony whereupon he is so arraigned, and thereupon had been found guilty after the Laws of the Land.

This Statute is made perpetual by Stat. 32 H. 8. c. 3. s. 7. The Statute 1 Ed. 6. c. 12. (s. 10.) enacts, that no person or persons that at any time hereafter shall be in due form of the Laws attainted or convicted of Murder of Malice prepensed, &c. (1), or of or for robbing of any person or persons in the Highway or near to the Highway, or being indicted or appealed of any of the same offences, and thereupon found guilty by verdict of twelve men, or shall confess the same upon his or their Arraignment, or will not answer directly according to the Laws of this Realm, or shall stand wilfully or of malice mute, shall not be admitted to have or enjoy the Privilege or Benefit of his Clergy or Sanctuary, but shall be put from the same.

All and every person and persons that shall at any time hereafter rob any other person, or shall comfort, aid, abet, assist, counsel, hire, or command any person or persons to commit the said Offence, being thereof convicted or attainted, or being indicted thereof shall stand mute, or will not directly answer to the Indictment, or shall peremptorily challenge above the number of twenty persons returned to be of the Jury, shall not have the Benefit of his or their Clergy. 3 W & M. c. 9.

s. 1.

This Act is continued by 45 W. & M. c. 24. s. 13. and made perpetual by 6, 7 W. 3. c. 14. s. 1.

V. Privately stealing Goods to the value of Five Shillings in any
Shop, Warehouse, Coach-house or Stable.

Whereas the crime of stealing Goods privately out of Shops and Warehouses, commonly called Shoplifting, is of late years much increased, to the great detriment and unspeakable loss of

(1) Many different offences are specified, which see under the appropriate divisions under this title.

coach-house, or

assisting therein,

the benefit of

many of your Majesty's good Subjects, occasioned for want of shop, warehouse, due prosecution and punishment of Offenders therein, and for stable, to the want of encouragement to such as shall vigorously endeavour value of 5s. or the apprehending of such Malefactors; for preventing whereof, or hiring, &c. be it enacted, that all and every person and persons that shall thereto, excluded at any time and times, by Night or in the Day-time, from and clergy. after May 20, 1699, in any Shop, Warehouse, Coach-house or Stable, privately and feloniously steal any Goods, Wares, or Merchandizes, being of the value of Five Shillings or more, (although such Shop, Warehouse, Coach-house or Stable be not actually broke open by such Offender or Offenders, and although the Owners of such Goods, or any other person or persons be or be not in such Shop, Warehouse, Coach-house or Stable, to be put in fear), or shall assist, hire, or command any person or persons to commit such Offence, being thereof convicted or attainted by Verdict or Confession, or being indicted thereof shall stand mute, or will not directly answer to the Indictment, or shall peremptorily challenge above the number of Three and twenty Persons (1) returned to be of the Jury, shall by virtue of this Act be absolutely debarred and excluded of and from the Benefit of the Clergy. 10, 11 W. 3. c. 23. s. 1.

VI. Larceny of Lead, Iron, or other Metal, or Utensils, and of Trees affixed to the Freehold.

§ 1.

Whereas the pernicious practice of stealing Lead, Iron Bars, Iron Gates, Iron Palisadoes, and Iron Rails, fixed to Dwelling Houses, Outhouses, Coach-houses, Stables, and other Buildings, and fixed in Gardens, Orchards, Court-yards, Fences, and Out-lets belonging to Dwelling Houses and other Buildings, hath of late time been much used, to the great detriment of his Majesty's Subjects; and it is necessary, for the more ef fectual preventing of such Offences, to inflict a more exemplary Punishment on such Offenders than by the Laws of this Realm can now be done; be it therefore enacted, that from and after the 24th June 1731, all and every person and persons who shall ting, &c. with steal, rip, cut or break, with intent to steal, any Lead, Iron intent to steal, Bar, Iron Gate, Iron Palisadoe, or Iron Rail whatsoever, &c. fixed to any being fixed to any Dwelling House, Outhouse, Coach-house, dwelling house, Stable, or other Building used or occupied with such Dwelling &c. or other House or thereunto belonging, or to any other Building what-building, or in soever, or fixed in any Garden, Orchard, Court-yard, Fence,

Persons stealing, or ripping, cut

any lead, iron,

outhouse, stable,

any garden, or

chard, outlet, &c. guilty of felony, and may be

(1) This is the only instance, it is believed, in which a peremptory transported for challenge to such an extent in Larceny is allowed.

F F

seven years.

Aiders and receivers liable to

or Outlet belonging to any Dwelling House or other Building, shall be deemed and construed to be guilty of Felony; and every such Felon and Felons shall be subject and liable to the like Pains and Penalties as in cases of Felony; and the Court by and before whom such person or persons shall be tried, shall and hereby have power and authority to transport such Felons for the space of Seven Years, in like manner as other Felons are directed to be transported by the Laws and Statutes of this Realm; and all and every person and persons who shall be the same punish- aiding, abetting, or assisting in stealing, or in such ripping, cutting, or breaking any Lead, Iron Bar, Iron Gate, Iron Palisadoe, or Iron Rail, fixed to any Dwelling House, Outhouse, Coach-house, Stable, or other Building, or fixed in any Garden, Orchard, Court-yard, Fence, or Outlet belonging to any Dwelling House or other Building, or who shall buy or receive any such Lead, Iron Bar, Iron Gate, Iron Palisadoe, or Iron Rail, knowing the same to be stolen, shall be subject and liable to the same Punishments as if he, she, or they had stolen the same, any Law to the contrary in anywise notwithstanding. 4 G. 2. c. 52.

ment.

The Statute 21 G. 3. c. 68. intituled "An Act to explain and amend" the Statute 4 G. 2. c. 32. recites that Statute, and that "the stealing of Copper, Brass, and Bell-metal affixed to Dwelling Houses and the Appurtenances thereto, is not expressly prohibited and made punishable by the said recited Act, whereby wicked and evil-disposed persons have been encouraged to steal the same, and others to buy and receive the same, knowing the same to be stolen ;" and then, " for preventing thereof," enacts, that from and after 1st August 1781, all and every person and persons who shall steal, rip, cut, break, or remove, with intent to steal, any Copper, Brass, Bell-metal, Utensil, or Fixture, being fixed to any Dwelling House, Outhouse, Coach-house, Stable, or other Building used or occupied with such Dwelling House, or thereunto belonging, or to any other Building whatsoever, or fixed in any Garden, Orchard, Court-yard, Fence, or Outlet belonging to any Dwelling House or other Building, or any Iron Rails or Fencing set up or fixed in any Square, Court, or other place (such person having no title or claim of title thereto), shall be deemed and construed to be guilty of Felony; and the Court by and before whom such person or persons shall be tried and convicted, shall and hereby have power and authority to transport such Felons for the term of Seven Years, in like manner as other Felons are directed to be transported by the Laws and Statutes of this Realm; or to order and direct that such Offender be

or knowingly

goods, declared

kept and detained in Prison, and therein kept to Hard Labour, for any time not exceeding Three Years, nor less than One Year; and within that time, if such Court shall think fit, such Offender shall be once or oftener, but not more than Three Times, publicly whipped: And all and every person and per- and persons sons who shall be aiding, abetting, or assisting in stealing, or in assisting therein, such ripping, cutting, breaking, or removing any Copper, Brass, buying such Bell-metal, Utensil, or Fixture, fixed to any Dwelling House, guilty of felony. Outhouse, Coach-house, Stable, or other Building, or fixed in any Garden, Orchard, Court-yard, Fence, or Outlet belonging to any Dwelling House or other Building, or any Iron Rails or Fencing set up or fixed in any Square, Court, or other place; or who shall buy or receive any such Copper, Brass, Bell-metal, Utensil, or Fixture, Iron Rails or Fencing, knowing the same to be stolen, shall be subject and liable to all and every the same Punishments, Pains, and Penalties, as if he, she, or they had stolen the same, although the principal Felon or Felons has not or have not been convicted of stealing the same, any Law to the contrary in anywise notwithstanding.

10 G. 3. c. 30.

The Stat. 6 G. 3. c. 36. recites that persons have of late years § 3. wilfully and maliciously cut down, barked or otherwise destroyed See 9 G. 3. c.41. Timber Trees, and Trees standing for and likely to become Timber, growing as well in the several Forests, Chases, and other open Grounds, as in the Woods and Plantations and inclosed Grounds within this Kingdom, to the great detriment of the Owners of such Trees, and to the discouragement of Planting in general, so beneficial to Great Britain; and that the disposition of Nurserymen to improvements in Planting and Gardening through Great Britain, is also of great use to the Public, and many Nurserymen, Gardeners and others have collected and cultivated, at great expense, Roots, Shrubs, and Plants of every Country, and imported, cultivated, and exported great quantities thereof, and do thereby support themselves and many others of his Majesty's Subjects; and that many evil disposed persons, well knowing the value of such Roots, Shrubs, and Plants, have of late years frequently entered into Nurseries, Gardens, and other inclosed Grounds in general, and of the Nurserymen and Gardeners in particular, and have dug up, taken or carried away out of such Nurseries, Gardens, and Grounds, Roots, Shrubs, and Plants, and likewise destroyed others on the spot, to a very considerable value; and then Persons in the enacts, that from and after 2d June 1766, all and every person night cutting down, &c. or and persons who shall in the night-time lop, top, cut down, destroying timbet

up, &c. any plants, &c. in any inclosed grounds, shall be

and may be transported for seven years.

trees, or plucking break, throw down, bark, burn, or otherwise spoil or destroy, or carry away any Oak, Beech, Ash, Elm, Fir, Chesnut, or Asp, Timber Tree, or any other Tree or Trees standing for Timber, guilty of felony; or likely to become Timber, without the consent of the Owner or Owners thereof first had and obtained; or shall in the nighttime pluck up, dig up, break, spoil or destroy, or carry away any Root, Shrub or Plant, Roots, Shrubs, or Plants, of the value of Five Shillings, and which shall be growing, standing or being in the Garden Ground, Nursery Ground, or other inclosed Ground of any person or persons, shall be deemed and construed to be guilty of Felony; and every such person or persons shall be subject and liable to the like Pains and Penalties as in cases of Felony; and the Court by and before whom such person or persons shall be tried, shall and hereby have authority to transport such person or persons for the space of Seven Years to any of his Majesty's Plantations in America, in like manner as other Felons are directed to be transported by the Laws and Statutes of this Realm; and all and every person and persons who shall be wilfully aiding, abetting or assisting in such cutting down, breaking, throwing down, barking, burning, or otherwise spoiling or destroying or carrying away any such Oak, Beech, Ash, Elm, Fir, Chesnut, or Asp, Timber Tree, or other Tree or Trees standing for Timber, or likely to become Timber as aforesaid; or in such plucking up, digging up, cutting, breaking, spoiling or destroying, or carrying away such Root, Shrub, or Plant, Roots, Shrubs, or Plants as aforesaid, of the value aforesaid; or who shall buy or receive such Root, Shrub, or Plant, Roots, Shrubs or Plants, of the value aforesaid, knowing the same to be stolen, shall be subject and liable to the same punishment as if he, she or they had stolen the same; any Law to the contrary in anywise notwithstanding. See the Statute 6 G. 3. c. 48. s. 3. post, p. 438.

Aiders and re

ceivers shall also be guilty of felony.

§ 4. Persons cutting,

&c. timber trees shall for the third offence be guilty of felony.

The Statute 6 G. 3. c. 48. recites that the preservation of Timber Trees, or Trees likely to become Timber, is of great consequence to this Kingdom; and then enacts, that from and after 24 June 1766, every person who shall wilfully cut or break down, bark, burn, pluck up, lop, top, crop, or otherwise deface, damage, spoil, or destroy, or carry away any Timber Tree or See 9 G. 3. c. 41. Trees, or Trees likely to become Timber, or any part thereof, or the lops or tops thereof, without the consent of the owner or owners thereof first had and obtained, or in any of his Majesty's Forests or Chaces, without the consent of the Surveyor or Surveyors, or his or their deputy or deputies, or person or persons intrusted with the care of the same, and shall be thereof convicted before any Justice of the Peace, &c. shall forfeit

10 G. 3. c. 30.