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THEFT. 14
same Idea in Substance, only as if it were under a
different grammatical Modification — the two first being used where a Verb or a Participle, the latter
where a Substantive is required.
The Use of the Word Theft is governed by the
Nature of the Act; and 'tis from thence as we shall
soon see that it takes it's Definition.
The Word Larceny has its Import coextensive only
with the Punishment annexed by the peculiar Jurisprudence
of our own Country to the main Body of the other
Title: applying in it's proper Signification to such
Cases only of Theft as are punished with the Punishment
called Felony.
With Regard to this Definition, the Source of
which will be hereafter explained, it is sufficient at
present to observe, that it is not taken from any Difference
in the Nature of the Act: so that if when therefore we
meet with any Passage in a practical Book which intimates
, that of such & such a Subject Larceny cannot be committed,
we are not to conceive that the Act of Stealing it is deficient
in any of those Qualities which if it had been committed
on certain other Subjects would have denominated it Larceny
