JB/070/265/002

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BURGLARY.

"not suffer itself to be trifled with by such evasions, especially under the cloke of
legal process". It is the same contradiction, palliated by the same inconclusive
reason, in language as might be expected better polished. One would be apt almost to
imagine this stern splendor of the exposition was put on to dazzle & intimidate the
eyes of the humble inquirers from prying into deceit.

A slight recapitulation review of the progress of the Law in this behalf will teach us what gave occasion how
how this notable reasoning [became called for necessary.] In the formative primeval chaos of Anglo-Norman
Jurisprudence when the fluctuating detention of Judges of all ranks
and denominations was the only measure of punishment for all sorts of offences misdemeanours
that which we are now denoted by the sum of Burglary lay confounded with the rest — it there signified the word then signified as it's name etymology
imports nothing but the act of despoiling productive labouring coupled to in a Burgh or Town the net modified by with the circumstance of place
[coupled with it.] namely that of a Burgh No vestiges here of that other circumstance of time which
now forms it's most striking & most distinguishing characteristic — it was natural
however that of two offenders robberies concurring that in other circumstances, that should rate
the most general indignation, which being perpetrated in a time place of imaginary security &
defencelessness, would threaten with a danger with more difficultly eluded or
repelled & spread an alarm in consequence more difficult to be quieted thus it
would be more rigorously prosecuted more severely punished and more difficultly
pardoned — the occasion of these distinctions in practice frequently recurring would at length produce
a permanent separation of the Idea: in speculation an appellation would be sought out to fix
it and describe it by: and the word Burglary in its original import already expressing tho' but partially the in character
of place, received into it with the least difficulty the other of time in order to compleat
the complex Ideas — Very early enough that within time of observation , we find
in fact completed & invested with this double characteristic; tho' not so early but
we may force it up to its as existing under former more vague & imperfect state. description As the form of
the process against the Criminal acquired some by degrees a stability & distinction along with the idea of the Crime, two words behoved
frequently to recur in the description of the manner of the act — namely entry & breaking as well as irruption
entry: a This manner which behoved to be at first pretty uniform: since inexperienced untutored

two words descriptive of the [nature] manner
of the Act "breaking & entry" would
frequently to recur.

BURGLARY. [BR][3]

Identifier: | JB/070/265/002 "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	265	Info in main headings field	burglary
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks	[[watermarks::[gr motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23380
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