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v. Burn. Title Dogs p.686. 486.One great mischief attending this abusive excessive consumption of words, like
that of strong Liquors, is, that when once begun, the difficulty
is so great of leaving it off— The very enormity of the evil [turns into] <add>becomes</add>
is a reason a cause of for its continuance.

The Act 2d 3d Ed.6.33 denouncing punishment upon those who
should steal one Horse one Mare or one Gelding after that of Ed. of the
6.C.12 same reign had denounced the same on persons stealing Horses Mares or
Geldings is well known [to all those who reflect upon and lament
the garrulity of the Law.]

Because "Horses" in the plural was by the supplemental Act implicitly
supposed not to include "one Horse" in the singular, hence
it is that D.r Burn takes occasion to suggest [considers it as a matter question that may be put
in doubt] whether the word Dog in the Stat. 10 G.3.6.18 called
the Dog Act would be understood to include [Bitch] the Female
of that species, which when spoken of in contradistinction to the
males has another name.

With defference to this judicious writer, the case is different.

Without contending that the actual [real] intention admitted much
more difficulty in the ancient Act, than in the modern because in
the same Act the ineffectual anxiety of the composor had prompted
him to insert "Geldings" after the word "Horses": & because it is
---page break---
not usual, where a man has stolen a Mare to indict him for stealing
a Horse.

[But] to argue upon what might have been the intention consistent
with the same phraseology, it may be urged that whatever
be the guilt of stealing a single Horse, that of stealing Horses in
the plural, viz. at least 2 in number, will be at least double.
It does not follow (may it therefore be said) in this case that
because the Legislature has thought fit to annex a certain punishment
to a certain offence it therefore should to another offence which at the most can be but
half as great as the former.

If wherever an appellation occurs expressive of some [designative of]
a modification of a species [whether natural as that of Sea & age
or artificial, taken from some circumstance of culture as castration)
which appellation is capable of being put in contradistinction
to that of the expression of the species at large, If I say, where
ever any number of appellations thus originators is to be met with, they are all
to make their appearance over & above the specific name, there
is the same reason for exacting that of the words Colt & Filly
(and perhaps many others that might be mentioned) under
the species of the Horse as of Geldings, & or Whelps & Puppies

COMPOS Stat. Singly as a discourse. [Verbosity. Mischiefs of] BR Minutiae once adopted cannot be discarded.


---page break---

as of Bitches under that of the Dog.If the framers of that Act had possessed that [extent of intentions, &] less that spirit of genialization which we are even yet to look for, they would from the compilation of the Grammatical difficulty exemplified as it happen'd to be in that subject, have taken occasion to remove it from every other subject once for all. The gravity of a Statute manufacturer would hardly stand against his turn of Synonyms dragging at every turn after the specific appellative.

If the insertion of the word Geldings after Horses had any other
foundation than the vain anxiety of the compiler, & a Gelding is
not a Horse then neither is a Eunuch a Man; and we should be
obliged to insert an express clause in every statute in complement
to those condescending persons who leave Italy to the number of 2 or 3
in a year to entertain with us their melody, as well as to those
who in consequence of misfortune in their amours enter now &
then involuntarily into the same condition.

The Checks & Achams were not members of the Legislature; & if they
had been, perhaps it would have made no great difference. It is
one thing to make some advances in the method of penetrfacilit-ating
the knowledge of a certain language, & another to master [the mastering of] those speculations
which are applicable to all languages in general result from language contemplated in the general. The
illustrious Author of Hermes still less admir'd than he deserves
& less read than he is admired, would think be persuaded the Legisture concerns
of the degenerate among whom his lot is fallen moderns more worthy of his case might do service
on this topic to his country. We dare venture to invite him to
rise out of his extasy of admiration of those all-excellent ancients
to whom he takes such & effectual pains to fix bestow the
merit of that original performance, & stand up to the assistance
---page break---
of his cotemporaries who want & who may would profit from his service.



Identifier: | JB/070/076/001
"JB/" can not be assigned to a declared number type with value 70.

Date_1

Marginal Summary Numbering

Box

070

Main Headings

of laws in general

Folio number

076

Info in main headings field

composition stat. singly as a discourse. verbosity - mischiefs of once adopted cannot be discarded

Image

001

Titles

Category

copy/fair copy sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

Watermarks

[[watermarks::gr [crown motif] [britannia with shield motif]]]

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

ID Number

23191

Box Contents

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