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<head>49</head> <p>Till it is taken out of the Closet in which the<lb/> Box is kept, or the Room in which the Closet is, or<lb/>the House in which the Room is, or the <unclear>Homestall</unclear><lb/> in which the House is, or the Estate in which the<lb/><unclear>Homestall</unclear> is? And what is the House,&<lb/> what is the <unclear>Homestall</unclear>?</p> | <head>49</head> <p>Till it is taken out of the Closet in which the<lb/> Box is kept, or the Room in which the Closet is, or<lb/>the House in which the Room is, or the <unclear>Homestall</unclear><lb/> in which the House is, or the Estate in which the<lb/><unclear>Homestall</unclear> is? And what is the House,&<lb/> what is the <unclear>Homestall</unclear>?</p> | ||
<p>5<hi rend='superscript'>thly</hi> & lastly. Suppose it were a Mine from<lb/>whence he had taken a Piece of Ore—was it<lb/> "carried away" as soon as he had carried it out<lb/> of that Turning in which he took it(and where<lb/>does that Turning End) or not like he had gotten<lb/> it out of the last Turning next to the Shaft or<lb/> not till he had gotten out of the Territories of<lb/> the Owner of the Soil above (and so on as in the<lb/> second Supposition) who may or may not be the<lb/> same person as the Owner of the Mine?<lb/></p> | <p>5<hi rend='superscript'>thly</hi> & lastly. Suppose it were a Mine from<lb/>whence he had taken a Piece of Ore—was it<lb/> "carried away" as soon as he had carried it out<lb/> of that Turning in which he took it(and where<lb/>does that Turning End) or not like he had gotten<lb/> it out of the last Turning next to the Shaft or<lb/> not till he had gotten out of the Territories of<lb/> the Owner of the Soil above (and so on as in the<lb/> second Supposition) who may or may not be the<lb/> same person as the Owner of the Mine?<lb/></p> | ||
<p><note>from p. 46</note> | <p><note>from p. 46</note> | ||
<add>||</add>The Utilities of keeping up this Distinction we<lb/> may remember were there mentioned to be of two<lb/> kinds one derived from the regard due to popular<lb/> Opinion, which seems disposed to require such a<lb/> Distinction to be made; the other from <sic>it's</sic> opening in<lb/> some Degree an Inlet to Repentance.<lb/></p> <p>I shall imagine a Case to exemplify the Manners<lb/> in which the latter Utility may accrue in the<lb/> Instance of the Crime before us.—</p> | <add>||</add>The Utilities of keeping up this Distinction we<lb/> may remember were there mentioned to be of two<lb/> kinds one derived from the regard due to popular<lb/> Opinion, which seems disposed to require such a<lb/> Distinction to be made; the other from <sic>it's</sic> opening in<lb/> some Degree an Inlet to Repentance.<lb/></p> | ||
<p>Suppose a Thief be ripping Lead from a House<lb/>— he is struck with some Sight or Sound which<lb/> alarms him with the Idea of Detection- he balances<lb/> whether he shall continue his Enterprize.— Now I<lb/> say that the Consideration of his not having yet<lb/> incurred the total of the Punishment coming in <add>Time</add><lb/><pb/> | <p>I shall imagine a Case to exemplify the Manners<lb/> in which the latter Utility may accrue in the<lb/> Instance of the Crime before us.—</p> | ||
<head>THEFT.</head><head>50</head><p>running away from another's Hat from off his Head<lb/> in which there is plainly no <sic>Secresy</sic> in the Case, &<lb/> yet the Mischief is exactly upon a Footing with<lb/> any other in which there is.<lb/></p> <p>2<hi rend='superscript'>ndly</hi> <sic>Moveable</sic> Thing | <p>Suppose a Thief be ripping Lead from a House<lb/>— he is struck with some Sight or Sound which<lb/> alarms him with the Idea of Detection- he balances<lb/> whether he shall continue his Enterprize.— Now I<lb/> say that the Consideration of his not having yet<lb/> incurred the total of the Punishment coming in <add>Time</add><lb/></p><pb/> | ||
I have characterized the Subjects<lb/> of Theft thus generally with the view to clear away a<lb/> Multitude of Niceties having no Foundation in<lb/> Utility, which I shall have Occasion hereafter to<lb/> consider.<!-- symbol --><note><!-- symbol -->v. p.</note></p> <p>Even the word <sic>"moveable"</sic> as the Reader will observe<lb/> might be omitted if the 2.<hi rend='superscript'>d</hi> Aphorism is inserted.</p> <p>If this Word be inserted this other Aphorism<lb/> may be required.</p> | </div> | ||
<p>APHORISM. 5.<lb/> | <div> | ||
A Post capable of being moved, of a Thing not<lb/> capable of being moved altogether, is a <sic>moveable</sic> Thing <add>#</add><lb/></p> | <head>THEFT.</head><head>50</head><p>running away from another's Hat from off his Head<lb/> in which there is plainly no <sic>Secresy</sic> in the Case, &<lb/> yet the Mischief is exactly upon a Footing with<lb/> any other in which there is.<lb/></p> | ||
<p>3.<hi rend='superscript'>dly</hi> By one conscious of having no Colour<lb/> of Title so to do.<lb/></p> | <p>2<hi rend='superscript'>ndly</hi> <sic>Moveable</sic> Thing<lb/> | ||
<p>However incompetent a Jury may be to decide<lb/> whether a Man has a Title, they are certainly<lb/> competent <del>Judges</del> to decide whether the Circumstances <add>of</add><lb/></p> | I have characterized the Subjects<lb/> of Theft thus generally with the view to clear away a<lb/> Multitude of Niceties having no Foundation in<lb/> Utility, which I shall have Occasion hereafter to<lb/> consider.<!-- symbol --><note><!-- symbol -->v. p.</note></p> <p>Even the word <sic>"moveable"</sic> as the Reader will observe<lb/> might be omitted if the 2.<hi rend='superscript'>d</hi> Aphorism is inserted.</p> <p>If this Word be inserted this other Aphorism<lb/> may be required.</p> | ||
<p>APHORISM. 5.<lb/> | |||
A Post capable of being moved, of a Thing not<lb/> capable of being moved altogether, is a <sic>moveable</sic> Thing <add>#</add><lb/></p> | |||
<p>3.<hi rend='superscript'>dly</hi> By one conscious of having no Colour<lb/> of Title so to do.<lb/></p> | |||
<p>However incompetent a Jury may be to decide<lb/> whether a Man has a Title, they are certainly<lb/> competent <del>Judges</del> to decide whether the Circumstances <add>of</add><lb/></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
49
Till it is taken out of the Closet in which the
Box is kept, or the Room in which the Closet is, or
the House in which the Room is, or the Homestall
in which the House is, or the Estate in which the
Homestall is? And what is the House,&
what is the Homestall?
5thly & lastly. Suppose it were a Mine from
whence he had taken a Piece of Ore—was it
"carried away" as soon as he had carried it out
of that Turning in which he took it(and where
does that Turning End) or not like he had gotten
it out of the last Turning next to the Shaft or
not till he had gotten out of the Territories of
the Owner of the Soil above (and so on as in the
second Supposition) who may or may not be the
same person as the Owner of the Mine?
from p. 46
||The Utilities of keeping up this Distinction we
may remember were there mentioned to be of two
kinds one derived from the regard due to popular
Opinion, which seems disposed to require such a
Distinction to be made; the other from it's opening in
some Degree an Inlet to Repentance.
I shall imagine a Case to exemplify the Manners
in which the latter Utility may accrue in the
Instance of the Crime before us.—
Suppose a Thief be ripping Lead from a House
— he is struck with some Sight or Sound which
alarms him with the Idea of Detection- he balances
whether he shall continue his Enterprize.— Now I
say that the Consideration of his not having yet
incurred the total of the Punishment coming in Time
---page break---
running away from another's Hat from off his Head
in which there is plainly no Secresy in the Case, &
yet the Mischief is exactly upon a Footing with
any other in which there is.
2ndly Moveable Thing
I have characterized the Subjects
of Theft thus generally with the view to clear away a
Multitude of Niceties having no Foundation in
Utility, which I shall have Occasion hereafter to
consider.v. p.
Even the word "moveable" as the Reader will observe
might be omitted if the 2.d Aphorism is inserted.
If this Word be inserted this other Aphorism
may be required.
APHORISM. 5.
A Post capable of being moved, of a Thing not
capable of being moved altogether, is a moveable Thing #
3.dly By one conscious of having no Colour
of Title so to do.
However incompetent a Jury may be to decide
whether a Man has a Title, they are certainly
competent Judges to decide whether the Circumstances of
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Identifier: | JB/073/065/002"JB/" can not be assigned to a declared number type with value 73. |
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073 |
law in general |
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065 |
theft |
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002 |
aphorism 5 |
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copy/fair copy sheet |
4 |
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recto |
f48 / f49 / f50 / |
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[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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23905 |
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