★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
BURGLARY
Breaking & entering at different nig nights
One would think that true if Burglary had been the subject which happens totheir
to be Sr Mr Hale is not asham
to say declare, and that without other warrant than his own imagination, that if it should be known
that a man make break a hole one night & does not get in at it another till the next, it shall be supp
that they he did both in one:
Hale. 557. Pr. Pen. Law 257
"But if they break a hole in the
house to enter another night & committ
Felony, and accordingly they
come at another night, and committ
a Felony through the hole they so
made the night before this seems
to be Burglary, tho' not the same
night; and it shall be supposed,
that they broke and enter'd the
night when they enter'd, for the
breaking makes not the Burglary
till the entry."
NOTE
A Reader of a common Intellect
not distorted by one or another technical legal quirks
might be apt to ask, why not
suppose in so many words what
you suppose in effect that such a
breaking and entering tho' at different
times may be amount [to] Burglary? there is
certainly nothing no repulsion free in the 8 letters
which compose that word that exclude to exclude
that such an idea. The words
(might he say to Lawyers such as these)
which you interest yourselves behold
they are the work of your own hands
your : is the then as
good in your own eyes. but tamper
not with the immutable decrees of
of ; which hath declared,
that it is impossible for the same
thing fact to be & not to be.
When men are got into the way of supposing that to be true which in the same breath they
declare to be false, the the best & shortest way a shorter way than this is, to suppose a man guilty at once &
hang him up without further ceremony. — If a Judge is to be permitted to do one, there is not
much to hinder him from doing t'other.
[In time of war] when the Militia are called out to service operation, they lodge in tents: In different parts
of the Kingdom there are periodical fairs, where the Tradesmen live in Booths for a week
together.
They are all a pack of fools idiots for their pains, if we may believe the Author of the Commentaries:
which being the case there is the less occasion for the LawLegislature to take
care of them. The Legislature however has thought otherwise; & now since the .....
c. .. it is for as penal for a thief to disturb the repose of these foolish people, as
of others that are wiser. It may suppose that the The Housekeeper in Cheapside goes
up to bed and leaves the street door upon the latch; that man is wise: for he lives in
a Tenement which the Law regards. Tis a mere thing to be a favourite.
Some naturalists have thought there must have been was a secret virtue in the topick of Burglary,
which has drawn interest to draw the Lawyers rather this together: rather the offenders of their extravagance, set them a as if they were justified:
as Commit & does , & put [not them upon] all manner of extravagances
into their : observations I will not venture to pronounce upon this theory: The following
seems to be among the facts upon which it seems to be grounded that have given rise to it.
One should have thought it the conceit of some Jefferies — It is for Matthew
Hales, the most scrupulous & tenderest of Judges.
"If a man makes a hole in in a house one night, & gets in at it on another; he shall
be "supposed" to have done both in one; & so will make it Burglary." This is a
roundabout way of going to work: I know of a better — If a fellow is troublesome,
suppose him a Burglarer & him up at once: it will save breath and trouble.
If you Suppose one thing which by your own account is false, & you may suppose
another
BURGLARY.
[BR|7]
|
Identifier: | JB/070/269/001 "JB/" can not be assigned to a declared number type with value 70.
|
|||
|---|---|---|---|
|
070 |
of laws in general |
||
|
269 |
[[info_in_main_headings_field::burglary breaking & entering at different nights[?]]] |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
||
|
caroline vernon |
|||
|
23384 |
|||