JB/070/266/001

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BURGLARY

3

naturally exerts itself in open violence, before it thinks of recurring to the less
obvious methods of stratagem & concealment disguise — Breaking in by force therefore
was what used to be done: words signifying breaking in by force used to were of course what
be employed: Judges practitioners got a habit of employing them, and Judges a habit
of expecting them: the criminal adventurers thought of nothing else: the
Judges thought of nothing else. Burglary therefore was a breaking in by force
At last and (at very gre in very great distance of time from the present) it happen'd that one of these adventurers more ingenious than his
predecessors, thought of creeping down the Chimney — What was to be done
now? the Practitioners and Judges had by this time formed some tolerably distinctive
idea of the nature & peculiarity of the mischief: the ordinary & only import of the words fregit & intravit were
violently to debate it plainly too narrow to embrace it: but fregit & intravit they had been used to they had been used to nothing else
& they could not bear to think of any thing else — Phrase be That here was an offence
which in its' not effect possessed no real difference from those to which these terms
had been might be with most rigorous & frequently applied — The man was indicted with
the old story of fregit & intravit: and the man must either have been acquitted
or some notable contrivance adopted to prevent it

no impunity nor markable
difference between punisht
of Burglary & Larceny to warrant
this.

This Jurisprudence became enriched and the judgements of its professors
& enlightened by the doctrine of an entry where no body entered || || before this an account must be
given of the detrimental
to man who pulled goods out with
a Hook. and a breaking
where no body nothing was broken — and the and discernment of Juries was cherished by their being
directed, satisfied as they were, might be that there was neither, to find that there were both.

N.B. this head sig indicated it was no part of his absence of indication
to get in, having equipped himself
with an apparatus calculated
for a different purpose
and therefore was no foundation for that
personal alarm which constitutes all
that this evidence has of mischief in is beyond
simple Larceny
according to those two one of the two words characterisation
should be unnecessary; since the first of them
is made to include the other. BURGLARY. [BR][4][

Identifier: | JB/070/266/001 "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	266	Info in main headings field	burglary
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks	[[watermarks::[gr motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23381
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