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In order to be found guilty of embezzlement, the accused must have been a clerk or servant, have acted fraudulently, and have received property on the account of his or her master or employer. Arguably, these concepts derive from the medieval history of the development of the criminal law.
Seipp noted that protection of property investments in law was derived from a medieval theory that slaves had no property. Between the years 1290 and 1490 in England, lawyers lacked a word that had the scope of meaning covering ‘property’ and ‘ownership’. In the mid fifteenth century, the Roman notion of proprietas exerted great influence, and lawyers began to assert that there must be always someone who had the property in a thing, regardless of where the thing had been taken.
The early common law treatises were revealing, such as that of Glanvill, which was written between 1187 and 1189. This treatise was organized around the types of pleas the King’s Courts would hear, the first level of which was either criminal or civil, and the second level of which was either proprietary or posessory. This had been derived from both the Roman and the Canon Law. Of interesting note was that the early tort of trespass (including theft) was classified under the heading of criminal pleas.
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