JB/070/263/001

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BURGLARY.

Sr Edw. Coke [3o Inst 64] was for having
a Church the place wherein subject to
Burglary might be committed; because
it is the Mansion-house of
God" to wit — & God, to be sure
must be extremely upon for the terror
it must give him
restitution

Burglary is an Entry into the offence of a being or continuance by in [without consent of the owner — it must be for v. Kilyng 67] a Dwelling Lodging place between Sunset & Sunrise
by a person without the consent of the occupier possessor with intent to committ kill
Murder Mayhem assault or ravish some person within therein or to take something destroy something there
thereout [without by stealth or force] without any lawful by a person having no authority authority for so doing

[The attempt may be punished with — — — — The Execution if accompanied
with flight with — — — — — if with resistance, with — — —
The first offence with — — — the second with — — —
the third with Slavery for life with the lesser Stigmatization.

I say nothing for force: for if a man under most circumstances should be
found lurking not in any assaulting or resisting position, the terror evidence
be nearly the same as if he were

Conformable decisions are

The only use of distinguishing
this offence from others not
attended with its' peculiar aggravations,
can be for the sake
of making a difference in
the punishment: the only case
for making a difference in the
punishment is, that criminals
having both to chase may
prefer the other: and in order
to make that preference
they must know the difference —
the diffences
therefore to be of any use
must be such as would falling
[naturally] occur to them in readily with the train of their
sentiments expectations, would readily be
apprehended & retained.

Anomalous decisions ampliative — Breaking of a Church by night, as well as of a
<add> Dwelling House is Burglary: the reason is, according to Sr Edw. Coke, that a Church is the Dwelling-house
of God: and God (he should have continued in the same strain) in whose seems to have discovered some apprehension that one should not have respected, of having his say to
having his throat cut — He has however the merit not of the invention, but only of the
In this business, one may say way wise and no wise the Idea of Utility concerned. # # this gross absurdity is by a
learned compiler very gravely
termed a nicety: the very last
appellation which it should seem
to deserve merit 1st Hawkins. 103 had very little to do
here — hard won little in
Anomalous decisions restrictive

BURGLARY. Definition [BR][1][

Identifier: | JB/070/263/001 "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	263	Info in main headings field	burglary - definition
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::[gr motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23378
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