JB/073/037/001

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3 THEFT. ANOMALITIES RESTRICTIVE

If The inutility of this exception distinction is not the only objection to it's being received: the difficulty of
distinguishing the cases where it does & does not obtain is such, that the more we search
for an fixed uniform criterion of fixation to the freehold, as the expression is if, the more we
shall find it shrink from our enquiries. With this edifying subject alone one might fill
a Volume. Actual immobility of the thing stolen will never do, because by the very being stolen it is moved Attraction of Cohesion where contracted might for any objection I see at present serve universally sight for be received universally for such
a criterion wherever it is  : But there are a hundred other cases where a thing is
in common speech said to be fixed, where no such Attraction has taken place; & what signifies talking
to Handicraft's men & Day-labourers about Attraction of cohesion? The Stones in an
Arch are may be fixed by mere juxta position aided by the Attraction of gravitation common
to them all. and that of Cohesion of the particles of each among themselves without any such
Attraction of one of them and another. But is not a spade stuck into the ground or a Key
that is rusted into the Lock pretty much in the same case? I mention these particulars as a
slight specimen of the perplexity in which this business is envelopped . — — — —

If the reader is fond of these speculations, I will have him to consider what impression a Tree
that has been cut from the ground must have made in it to become fixed again, what it is
that fixes it after all it is done, Whether Hop poles are laid or no whether Lead that is laid upon a House to cover it is
fixed or no, whether a Copper fit to boil a Buttock of Beef is fixed, whether the Vessel
that a great Brewer entertained all his Workmen in or the Ton of Heidelberg is fixed, [+]
[+] Whether the Britannia before
she was launched was fixed?
whether the son of H Iron House
which he may see at on the Surry-side Black Friars Bridge and which has travelled over the Kingdom
is, and consequently whether any part of it is fixed or no?, whether the Huts upon Wheels that Shepherds live in in France are fixed, whether Barns in England, that are
sometimes transported entire are fixed? whether the Houses of the ancient Scythians
and their descendants the modern Tartars are fixed? whether the House of our Lady
which Angels brought from Jerusalem to Loretts where it is now is fixed? whether the
New Jerusalem that was brought in the time of nights for Tertullian and others of the faithful to
look at, was fixed, whether the Moon is fixed, and consequently whether Mahomet
when he carried off a slice of it in his Sleeve was guilty or no of Felony without
benefit of Clergy.

So much for things supposed to be fixed to the Freehold (for that is the - - - - - &
inadequate term employed used as if it were otherwise where the Estate was Copyhold or Leasehold)
which are shewn not to be so by the very act from whence occasion is taken to call them

Identifier: | JB/073/037/001 "JB/" can not be assigned to a declared number type with value 73.
Date_1		Marginal Summary Numbering
Box	073	Main Headings	law in general
Folio number	037	Info in main headings field	theft anomalities restrictive
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23877
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