on persons having in their possession public stores, and to punish the offenders corporally, by causing them to be publicly whipped, or kept at hard labour for six mouths in the house of correction; which certainly was a great improve

ment.

By the act 17 Geo. II, c. 40. jurisdiction was given to the judges of assize and the general quarter sessions to try the offenders, and punish them by a fine not exceeding zool. imprisonment for three months, and other corporal punishment.

The laws on this subject were further amended by the 9th of his present majesty, cap. 35. by which the treasurer, comptroller, surveyor, clerk of the acts, or any commissioner, of the navy are empowered to act as justices, in causing offenders to be apprehended and prosecuted. These powers were given with a view to establish a greater degree of energy in detections; but experience has shewn that the purpose has not been answered.

The last act which relates to the protection of the public stores was made the 12th year of his present majesty's reign, cap. 24. and related solely to burning ships, warehouses, and naval, military, or victualing, stores, in any of the dominions of the crown; which offence is made felony without benefit of clergy. Ibid.

KNOUT.

The name of a punishment inflicted in Russia, with a whip called knout, and made of a long strap of leather made for this purpose. With this whip, the executioners dexterously carry off a slip of skin

from the neck to the bottom of the back, laid bare to the waist; and, repeating their blows, in a little while rend away all the skin off the back in parallel stripes. In the common knout, the criminal receives the lashes suspended on the back of one of the executioners; but in the great knout, which is generally used on the same occasions as racking on the wheel in France, the criminal is hoisted into the air, by means of a pulley fixed to the gallows, and a cord fastened to the two wrists tied together and another, of a crucial form, under his breast. Sometimes his hands are tied behind, over his back; and when he is pulled up in this position, his shoulders are dislocated. The executioners make this punishment more or less cruel; and it is said are so dexterous, that when a criminal is condemned to die, they can make him expire at pleasure, either by one or several lashes.

LARCENY.

Simple larceny is divided into two sorts; 1st, Grand Larceny, and 2d, Petit Larceny. The first is defined to be-the felonious taking and carrying away the mere personal property or goods of another, above the value of twelve pence. This offence is capital, and punished with death and the forfeit- . ture of property.

Petit Larceny is where the goods, taken in the above manner, are under the value of twelve pence; in which case, the punishment, according to the circumstances of atrocity attending the offence, is imprisonment, whipping, or transportation, with forfeiture of goods and chattels.

Thus it appears, that, by the rigour of the law, stealing the least trifle above 12d, subjects the

offender

offender to the loss of life; a punishment apparently repugnant to reason, policy, or justice; more especially when it is considered, that at the time this Anglo Saxon Law was made, in the reign of Athelstan, 860 years ago, one shilling was of more value, according to the price of labour, than seventyfive shillings are at the present period; the life of man, therefore, may be justly said to be seventyfive times cheaper than it was when this mode of punishment was first established.

Mixed, or Compound, Larceny has a greater degree of guilt in it than simple larceny; and may, be committed, either by taking from a man or from his house. If a person is previously put in fear or assaulted, the crime is denominated robbery.

When a larceny is committed which does not put the party robbed in fear-it is done privately, and without his knowledge, by picking his pocket, or cutting the purse, and stealing from thence above the value of twelve pence; or publicly, with the knowledge of the party, by stealing a hat or wig, and running away.

With respect to dwelling-houses, the common law has been altered by various acts of parliament, the multiplicity of which is apt to create confusion; but, upon comparing them diligently, we may collect that the following domestic aggrava.. tions of larceny are punishable with death, without benefit of clergy.

First, larcenies above the value of twelve pence; committed-1st. In a church or chapel, with or without violence or breaking the same: 23 Henry VIII, cap. 1; 1 Edward VI, cap. 12.-2d. In a booth or tent, in a market or fair, in the day time or in the night, by violence or breaking the same, the owner or some of his family being therein: 5 Q 2

and