Theftbote

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Theftbote, a misdemeanour or felony, occurs when a crime victim accepts the return of stolen property or makes other arrangements with a felon in exchange for an agreement not to prosecute. Such private deals were criminalized by Edward III, [1] King of England, because they reduced fines and other forfeitures of property, which were an important part of the royal revenue.

Contents

Learned opinions

An early legal treatise defined theftbote as "when a man take any goods of a theefe and maintain him; and not when a man taketh his own goods;" and said "I think it be felony." [2]

According to the influential Sir Edward Coke, theftbote was equivalent to misprision of felony, both having the effect of concealing a felony, and the punishment was "ransome and imprisonment". [3]

The infamous Bernard Mandeville went further, arguing that theftbote was "beyond" misprision, and thus should be a felony itself, [4] because it "undermined the very concept of property," normalized thefts, and incentivized organized crime: "as sure a way to keep up the breed of rogues, and promote the interest of them, as either our fishery or the coal trade are constant nursery of sailors." [5]

Sir Matthew Hale was in agreement "that theftbote is more than a bare misprision of felony, and is, where the owner doth not only know the felony, but takes his goods again, or other amends, not to prosecute." [6] The issue for Hale, and others in agreement, was that a crime was an offense against all of society, and having the Parliament decided it was a crime, only the Crown Prosecution could decide whether to prosecute or not, a crime victim lacking the power to plea bargain. [6]

Adaptation in the law of British colonies

In South Carolina, the English colony and later state adapted the rule of theftbote, as "very nearly allied to felony," however noting a common law exception that no crime has occurred, "unless some favour be shown to the thief." [7]

The British Raj of India whole-heartedly supported the law of theftbote (from theft + mote amends), noting that the mens rea of the crime is "to the intent that he may escape," i.e. that the perpetrator may flee from the law. [8]

See also

References

  1. ↑ Reeves, John (1887). History of the English law: from the time of the Saxons, to the End of the Reign of Philip and Mary, Volume 3. London: E. Brooke, Bell-Yard, Temple Bar. p. 123.
  2. ↑ Rastell, John; Rastell, William (1659). Les Termes de la Ley, Or, Certain Difficult and Obscure Words and Terms of the Common Lawes and Statutes of this Realm Now in Use, Expounded and Explained . Retrieved 7 April 2025.
  3. ↑ Coke, Edward (1797). The Third Part of the Institutes of the Laws of England, Concerning High Treason, and Other Pleas of the Crown, and Criminal Causes, Part 3. E. and R. Brooke. p. 134. Retrieved 7 April 2025.
  4. ↑ Mandeville, Bernard (1725). An Enquiry Into the Causes of the Frequent Executions at Tyburn . Retrieved 7 April 2025.
  5. ↑ Callanan, John J. (14 January 2025). Man-Devil: The Mind and Times of Bernard Mandeville, the Wickedest Man in Europe. pp. 209–201. Retrieved 7 April 2025.
  6. 1 2 Moore, Lucy (2004). Con Men and Cutpurses: Scenes from the Hogarthian Underworld. Penguin Books Limited. ISBN   9780141906034 . Retrieved 7 April 2025.
  7. ↑ Grimké, John Fauchereaud (1810). The South Carolina Justice of Peace; Containing All the Duties, Powers, and Authorities of that Office, as Regulated by the Laws Now of Force in this State, and Adapted to the Parish and County Magistrate : to which is Added, a Great Variety of Warrants, Indictments and Other Precedents, with Several Additional Ones, Interspersed Under Their Several Heads, and an Addition of Several Other Decisions which Have Been Had in the Courts of this State, Besides Those Contained in the First Edition. pp. 182–183. Retrieved 7 April 2025.
  8. ↑ "Compounding an Offence". Indian Jurist: A Journal and Law Reports. 10: 207–208. 1887. Retrieved 7 April 2025.
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