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Ch ——— Sage conceits + + 4 Comm. p.226 on the Subject of Burglary # # on " Containing diverse sundry profound
discoveries.
It was a discovery made by the some Judges about - years ago & which the Author of the Commentaries + has taken
care not to let drop that it is a mighty
"foolish" thing to lie in a Booth or Tent. One should not otherwise have thought known that
those numbers of the numerous traders who keep Wey-hill or Starbitch Fairs were less than their
neighbours. The respectable body of Gentlemen encompassed by his Majesty's
at Winchester in the last war little imagined that while they were stationed by his Majesty's command to be of at call to defend their Country, there
was a Professor mounted up in a Pulpit at Oxford, to tell gravely instructing his
that they the aforesaid Gentlemen were a pack Set of Fools — for their parts. The same Author who sees
a folly in a mans lying with his goods to take care of them so clearly that those who lie along with their goods when there is no where else for them to lie, give
a very foolish set of people & therefore require the loss to be taken care of, <add> finds
no folly in a man's lying with the Door upon the Latch, provided it where man's in such an
as the Law regards.
If any of those Gentlemen had
had occasion to claim the protection
of the Law for his .....
abode, & call for Justice to
be done upon one who had violated
it, it would he would probably have
thought it an answer somewhat
singular that he was a Fool
& that the Law [That is, the of those who read lectures] (which is the
perfection of reason) If that it regards
"this highly only permanent
"edifices":
It is some satisfaction consolation however
it has thought proper vouchsafed to extend its
protection to all edifices which
calculated to hold together a
decent time; & that it has not
taken a distaste to any from
their being covered with Slate
instead of Tiles, or Tiles instead
of Slate, or having a low
door-case or a high one.
Foolish as this sort of people are
who be in Booths and Tents, the
Legislature began to discover &
This reason[ing] however, noted as it is, has not weighed so much with the Liges
but that it has thought proper to give the same protection for their dwelling to those
foolish people, as to others that are wiser: and the accordingly by the robbing in a booth or Tent is made
capital as well as in a House.
It is a mighty foolish thing to sleep in a tent: some Judge said so I don't know
when: and the Author of the Commentaries could not content himself without saying it
after him — One should might not otherwise have known that it was foolish for a man
to follow his lawful occupation —
Let us call to mind a fact or , & consider, what was passing in a neighbouring county for several years together
which the Professor was administering from his chair this choice morsel of reasoning payment
to an admiring adoring audience, [.]
All this is very foolish — there can be no doubt about it, our authority is peculiar
[to the point] but there is no one sees not precisely in which the folly could be whether in people's carrying
things to sell where other people come to buy them he finds customers or in lying where things are
to take of them. As was the be Wherever the folly lies, it is some time the Legislature have drawn drew a different conclusion from it [+]
[+] It seemed to them, and that
that pretty early, that the less physical
security they had, the more they
stood in need of a legal one; and
that the less able their folly had
render'd them to take care of themselves,
the more necessary it was
for them to be taken care of by
the Law. The least therefore
it could do, was what it did, viz:
to give the same protection to for their properties
these foolish people, as [was given already] to others
that are wiser.
In the years 176.. & 176— There was a Camp near Winchester — It was there that some thousands of the Militia of different countries with their Officers were
stationed by his Majesty [to be] in readiness to defend their country against an
invasion. [ Others in other parts of the Kingdom They slept in tents —
Those years as well
Every year
On the same years as is the case every year there were some hundreds of Tradesmen was held Wey-hill Fair. For this Fair as is the
case with several others there are come many hundreds of Tradesmen of different denominations
to sell their goods — they sleep in set up tents During their stay they set up Booths
and sleep in them —
These Gentlemen and those Tradesmen little thought [+] of there being a Professor that in the
Professor where at where was to mount twice a year into a Pulpit
to tell of young men and what fools they were [for their pains] [+] of the complement that was
paying them at Oxford — They
would have been stared a little if any body had told them of a Professor whose way was twice in a year to get up into a pulpit &
tell a parcel of young men what fools they were — [I wonder how this news passed off with the said young men] If there is any thing
of folly and all the business I must leave to the reader to
where it .
BURGLARY — Sage Conceits on the Subject [BR][5][ of Burglary — Blackstone.
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