JB/073/035/001

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THEFT - ANOMALITIES Restrictive

We now come to give some account of the Anomalities of the Common Law, which or
originally withheld it's protection from some subjects altogether and from all subjects under
Anomalities, which the successive operations of the Legislature have as we shall next proceed to shew, but imperfectly corrected
certain circumstances: a task of no mean difficulty to perform, (& which certainly has
not hitherto been performed ) in such a manner as to present all along clear notions
to the conception of the reader.

As the things which are susceptible of being the subject of perjury are almost all that innumerable tribe of beings which cover
or compose the surface of the Earth Planet which we inhabit, a very slight glance is will sufficient to
satisfy every one, that no bounds are set by nature to the number of such distinctions as Caprice
or an imagined utility may elicit might start discover</del>

A principal & one of the most extensive denominations of Property of which Larceny could
not be committed was composed of such things as had contracted an either had originally a natural adher adherence
Adherence natural or artificial to the Freehold
or had contracted an artificial one, to that, viz: the Soil which was deemed answerable.
To endeavour to trace out in a few words the original of this exception is
a task that may be not altogether uninstructive.

However general,I for myself I know universal, the concurrence has been among
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the people of all nations is exhibitting a distinction difference between the wrongful proposition usurpation of moveable
& immovable possessions, for the names comfortable to meet such distinctions a difference in punishment & in name, it is plain
that in our's at least & probably in the others the reason of it as founded on the utility of this distinction, (by
which I mean the utility) & has been very superficially developed: it has been rather
felt than seen: and, what is a circumstance that occurs pretty frequently in
the History of the Human Mind. it seems to have silently produced it's effect
without any notion having been taken of it's influence even by the persons whom is governed
by it. The kind of instinct for such we have may call it, which conducted then
to the formation founding of it, having performed its office, disappeared, & left it established
as it were upon the footing of positive Law. It thus became a ground-work for
imagination to work upon: and it is to this we evidently owe the article
which excepts out of the catalogue of subjects whereof Larceny may be committed
all such is "saviour of the reality".

There was no such thing as a man's being hanged for stealing of an entire House.
This much was certain that an equal indulgence therefore was to be shewn to the taking of but a part of it, was a
proposition that seemed [like] included in the former. No more was there for stealing
of a field: no more therefore could there be, according to their conception ideas for the

Identifier: | JB/073/035/001 "JB/" can not be assigned to a declared number type with value 73.
Date_1		Marginal Summary Numbering	not numbered
Box	073	Main Headings	law in general
Folio number	035	Info in main headings field	theft - anomalities restrictive
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	23875
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