or Theft, by contraction for latrocinium, is distinguished by the law into two sorts: the one called simple larceny, or plain theft, unaccompanied with any other atrocious circumstance; and mixed or compound larceny, which also includes in it the aggravation of a taking from one's house or person.

I. Simple larceny, when it is the stealing of goods above the value of twopence, is called grand larceny; when of goods to that value, or under, is petit larceny: offences, which are considerably distinguished in their punishment, but not otherwise. See Theft.

II. Mixed, or compound larceny, is such as has all the properties of the former, (see Theft); but is accompanied with either one or both of the aggravations of a taking from one's house or person. First therefore of larceny from the house, and then of larceny from the person.

1. Larceny from the house, though it might seem to have a higher degree of guilt than simple larceny, yet is not at all distinguished from the other at common law; unless where it is accompanied with the circumstance of breaking the house by night; and then it falls under another description, viz. that of burglary, (see Burglary). But now by several acts of parliament (the history of which is very ingeniously deduced by a learned modern writer), who hath shown them to have gradually arisen from our improvements in trade and opulence), the benefit of clergy is taken from larcenies committed in a house in almost every instance:

except that larceny of the stock or utensils of the Plate Glass Company from any of their houses, &c. is made only single felony, and liable to transportation for seven years. The multiplicity of the general acts is apt to create some confusion; but upon comparing them diligently, we may collect, that the benefit of clergy is denied upon the following domestic aggravations of larceny; viz. first, in larcenies above the value of twopence, committed, 1. In a church or chapel, with or without violence, or breaking the same: 2. In a booth or tent in a market or fair, in the daytime or in the Common-night, by violence or breaking the same, the owner or some of his family being therein: 3. By robbing a dwelling house in the daytime (which robbing implies a breaking), any person being therein: 4. In a dwelling house by day or by night, without breaking the same, any person being therein and put in fear; which amounts in law to a robbery: and in both these last cases the accessory before the fact is also excluded from his clergy. Secondly, In larcenies to the value of five shillings, committed, 1. By breaking any dwelling house, or any outhouse, shop, or warehouse thereunto belonging, in the daytime, although no person be therein; which also now extends to aiders, abettors, and accessories before the fact: 2. By privately stealing goods, wares, or merchandise in any shop, warehouse, coach-house, or stable, by day or by night; though the same be not broken open, and though no person be therein: which likewise extends to such as assist, hire, or command the offence to be committed. Lastly, in larcenies to the value of forty shillings in a dwelling house, or its outhouses, although the same be not broken, and whether any person be therein or not; unless committed against their masters by apprentices under the age of 15. This also extends to those who aid or assist in the commission of any such offence.

2. Larceny from the person, is either by privately stealing, or by open and violent assault, which is usually called robbery.

The offence of privately stealing from a man's person, as by picking his pocket or the like, privily, without his knowledge, was debarred of the benefit of clergy so early as by the statute 8 Eliz. c. 4. But then it must be such a larceny as stands in need of the benefit of clergy, viz. of above the value of 12d.; else the offender shall not have judgment of death. For the statute creates no new offence; but only takes away the benefit of clergy, which was a matter of grace, and leaves the thief to the regular judgment of the ancient law. This severity (for a most severe law it certainly is) seems to be owing to the ease with which such offences are committed, the difficulty of guarding against them, and the boldness with which they were practised (even in the queen's court and presence) at the time when this statute was made: besides that this is an infringement of property in the manual occupation or corporal possession of the owner, which was an offence even in a state of nature. And therefore the saccularius, or cutpurse, were more severely punished than common thieves by the Roman and Athenian laws.

As to open and violent larceny from the person, see ROBBERY.