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<head>BURGLARY.</head> <!-- this note has been crossed through --><p><note><sic>S<hi rend="superscript">r</hi></sic> | <head>BURGLARY.</head> <!-- this note has been crossed through --><p><note><sic>S<hi rend="superscript">r</hi></sic> Edw. Coke <add> [3<hi rend="superscript">o</hi> Inst 64]</add> was for having<lb/> a Church the place wherein <add><gap/> subject to</add><lb/>Burglary <add>might be</add> committed; because<lb/> it is the Mansion-house of<lb/> God" to <unclear>wit</unclear> — <add> & God, to be sure</add> <lb/> <del> must be extremely <gap/> upon <add>for the terror</add> <gap/><lb/> it must give him<lb/><unclear>restitution | ||
</unclear></del> </note> </p> <p> Burglary is <del>an Entry into</del> <add> the offence of a being <del>or continuance by <gap/> in | </unclear></del> </note></p> | ||
<p>Burglary is <del>an Entry into</del> <add> the offence of a being <del>or continuance by <gap/> in [without consent of the owner — it must be for v. <unclear>Kilyng</unclear> 67]</add> a <del>Dwelling</del> <add>Lodging</add> <hi rend="underline">place</hi> between Sunset & Sunrise<lb/>by a person <!-- words in pencil --> without the consent of the <hi rend="underline">occupier</hi> <!-- end of words in pencil --> <add> possessor</add> with intent to <sic>committ</sic> <add>kill</add><lb/> <del> Murder Mayhem</del> <add> <gap/> assault</add> or ravish some person <del>within</del> <add> therein</add> or to take something <add> destroy something there</add><lb/> thereout [<del>without</del> <add> by stealth</add> or force] <del>without any lawful</del> <add> by a person having no authority </add> authority for so doing</p> <p> [The attempt may be punished with — — — — The Execution if accompanied<lb/> with flight with — — — — — if with resistance, with — — — <lb/> The first offence with — — — the second with — — — <lb/> the third with Slavery for life with the lesser Stigmatization.</p> <p> I say nothing for force: for if a man under most circumstances should be<lb/> found lurking <add> <gap/></add> not in any <unclear>assaulting</unclear> or resisting position, the terror <unclear>evidence</unclear> <lb/> be nearly the same as if he were</p> <p>Conformable decisions are</p> <p><note> The only use of distinguishing<lb/> this offence from others not<lb/> attended with its' peculiar aggravations, <lb/> can be for the sake<lb/> of making a difference in<lb/> the punishment: the only case<lb/> for making a difference in the<lb/> punishment is, that criminals<lb/> having both to chase may<lb/> prefer the other: and in order<lb/> to make that preference<lb/> they must know the difference —<lb/> the diffences<lb/> therefore to be of any use<lb/> must be such as would <add>falling</add> <lb/> [naturally] occur to them <add> in readily with the train of their</add><lb/> sentiments <add> expectations</add>, would readily be <lb/> apprehended & retained.</note></p> <p> Anomalous decisions <sic>ampliative</sic> — <del><gap/></del> Breaking of a Church by night, as well as <add> of a<lb/> <add> Dwelling </add> House is Burglary: the reason is, according to <sic>S<hi rend="superscript">r</hi> Edw.</sic> Coke, that a Church is the Dwelling-house<lb/> of God: <del> and God (he should have continued in the same strain)</del> <add> in whose <gap/> seems to have discovered some apprehension that one should not have respected, of having his say to </add><lb/> having his throat cut — He has however the merit not of the invention, but only of the <gap/><lb/> In this business, one may say way wise and no wise the Idea of Utility concerned. <hi rend="superscript">#</hi> <note> # this gross absurdity is by a <lb/> learned compiler very gravely<lb/> termed a <hi rend="underline">nicety</hi>: the very last<lb/> appellation which it should seem<lb/> to deserve <add> merit</add> 1<hi rend="superscript">st</hi> Hawkins. 103</note> had very little to do<lb/> <add> here — hard won little <gap/> in <gap/></add> <lb/> Anomalous decisions restrictive</p> <!-- at the bottom of the page --> <p> BURGLARY. Definition [BR][1][</p> | |||
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BURGLARY.
Sr Edw. Coke [3o Inst 64] was for having
a Church the place wherein subject to
Burglary might be committed; because
it is the Mansion-house of
God" to wit — & God, to be sure
must be extremely upon for the terror
it must give him
restitution
Burglary is an Entry into the offence of a being or continuance by in [without consent of the owner — it must be for v. Kilyng 67] a Dwelling Lodging place between Sunset & Sunrise
by a person without the consent of the occupier possessor with intent to committ kill
Murder Mayhem assault or ravish some person within therein or to take something destroy something there
thereout [without by stealth or force] without any lawful by a person having no authority authority for so doing
[The attempt may be punished with — — — — The Execution if accompanied
with flight with — — — — — if with resistance, with — — —
The first offence with — — — the second with — — —
the third with Slavery for life with the lesser Stigmatization.
I say nothing for force: for if a man under most circumstances should be
found lurking not in any assaulting or resisting position, the terror evidence
be nearly the same as if he were
Conformable decisions are
The only use of distinguishing
this offence from others not
attended with its' peculiar aggravations,
can be for the sake
of making a difference in
the punishment: the only case
for making a difference in the
punishment is, that criminals
having both to chase may
prefer the other: and in order
to make that preference
they must know the difference —
the diffences
therefore to be of any use
must be such as would falling
[naturally] occur to them in readily with the train of their
sentiments expectations, would readily be
apprehended & retained.
Anomalous decisions ampliative — Breaking of a Church by night, as well as of a
<add> Dwelling House is Burglary: the reason is, according to Sr Edw. Coke, that a Church is the Dwelling-house
of God: and God (he should have continued in the same strain) in whose seems to have discovered some apprehension that one should not have respected, of having his say to
having his throat cut — He has however the merit not of the invention, but only of the
In this business, one may say way wise and no wise the Idea of Utility concerned. # # this gross absurdity is by a
learned compiler very gravely
termed a nicety: the very last
appellation which it should seem
to deserve merit 1st Hawkins. 103 had very little to do
here — hard won little in
Anomalous decisions restrictive
BURGLARY. Definition [BR][1][
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Identifier: | JB/070/263/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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263 |
burglary - definition |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::[gr motif] [britannia with shield motif]]] |
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23378 |
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