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The Subjects of Theft, Malicious mischief + + loss or casting away must be comprized under mischief - as under the instance of Letters & their aggravations
are either valuable or invaluable: The former
description comprehends almost any thing which
one should first think of naming: The latter denotes
a few things which being but as it were exceptions -
out of the other and must be specified: but are all included
comprehensible under the general term of writings. Not that all
writings are hereby meant: for of these many are susceptible
of a certain value in virtue of their relation
to that which has one.
Writings not susceptible of valuation, may be distinguished
into: 1st Records, 2d Birth & Marriage
Registers- 3d Letters, 4thly Other Writings in general
of these the two first may without hesitation or difficulty
be put on a level with the hightest value - the 2d
including every thing that a person is worth in point
of property, together with his Fame & condition of
life besides; the other, matters of yet higher consideration
than all that has been mentioned put together.
The other two require more consideration: being susceptible
of a variety of value from almost nothing up to an
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indiscrete sum. The 3d from a letter of compliment up
to a summons to receive the last words of a dying consort
the 4th from a School boy's waist book to a Work like
those of Locke & Newton capable of making a Revolution
in the state of human Nature.
The last in particular, is apt but too often to become the subject of a Theft which is not the less distressing
to the party wronged because the injurer is most commonly
a person above the temptation to any other: and since
he is not above the temptation to this, there is the same
reason for terrifying him from his prey by a suitable
punishment, as the poverty stricken malefactor from his—
Now though these two articles are often not properly
commensurate with money; & yet are sometimes as
valuable to him whom it concerns as any money; it is
necessary that the Punishment be whenever there is
occasion be capable of being adequate to that which is
fixed upon as proper for the highest value: especially
as the temptation to a pilferer, may be proportionate
to the value of them to the [lawful] owner — at the same
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same time that it is to be wished that such highest
punishment should not attach upon him where the value
of the subject is inferior, certainly therefore not when
at the lowest. Now these are but two methods in which
this moveable adoptation can be compassed: the one is,
by committing it to the Jury to settle at hazard a suitable
punishment by attributing to it a guilt commentarable
by money which in stricktness it cannot have: the
other, by settling it upon the face of the Law, as at the
highest (for any inferior would be too little) subject to
mitigation upon the discretion of the Judge by a commutation
with a punishment appointed for any theft to an
inferior amount: with the general power of commuting
the Imprisonment for money
The latter seems preferable because best calculated to
inculcate the persuasion That the punishment will for
certain be at the least what is adequate to his guilt:
ordinary Juries having more compassion than understanding
of the value of such matters. The Judge
who is actually, & must ever be trusted in such a Multitude
of occasions, might it should seem be trusted also
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on this. Meanwhile least it should be thought that
there are occasions in which it may happen to men to
get into their hands Letters & other Writings not absolutely
without intention nor yet with the consent of the
owner or any other pretence of title with intentions innocent
& without mischief to other people, & least
any sollicitude on that score should accrue to well
meaning persons, apt, brought indeed too often by fatal
experience to suspect more from a Law than what appears
it may be proper to divide guilt from innocence in this
particular by a still more conspicuous & contrasting
line than it is necessary on others. & for that purpose
to subjoin by way of restriction this Aphorism
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Identifier: | JB/070/239/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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239 |
theft invaluables sive un-negociables |
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001 |
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copy/fair copy sheet |
1 |
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recto |
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[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23354 |
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