JB/073/038/001

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4.
THEFT ANOMALITIES RESTRICTIVE

These things the Law will have nothing to do [with] in protecting, because they don't are difficult to move
There are Others which it will have no concern with, because they move too much

In the first place, Animals that are wild by Nature, tho' good or not good to eat so long as they have a large
place to run about in: but if they are cooped up in a small one, it will take
charge of such as are good to eat; accordingly of pigeons, "young pidgeons" at
least "in a Dovecoat, or Fish in a Trank or not", tho' it is contrary when they are in a Pond‡, says we are told by Sr Mathew
Hale, "that Larceny may be committed+" nay even if though they have still no a large place to
run about in, as it should seem from the same sentence of that writer, and
more explicitly from others so as they (I mean the Animals) be tamed & believed to be so by the Thief, provided allways they (I mean the Animals,) be good
to eat. Remark, that all Animals unless any one the that we know in this country unless it be at least if we except Dogs &
In the next place Cats are wild by Nature, & that their difference in this respect which is only
as between the more & or the less depends upon the more or less care pains which we take
to make them otherwise: the distinction division of Animals into wild or tame is very pretty much
like much of a piece with the popular division of the subject of Botany into weeds and flowers. — This includes all
such as are known d by the general & — — — title term of Game: as well as the infinity
of others, which being of good for little when gotten, or requiring a great deal of trouble
to get, are thought to be no more than an adequate recompense for that trouble.

In the second place

‡

‡ + 1 The Hist Pols . "Fish in a
Pond" are one of the sorts of things, of
which according to Serjt Hawkins [p
94. Edit. 1724] it seems agreed that Larceny may be committed:
and he quotes repairs this neglect refers to 3 authorities
The 3d Inst. 109. Hale's Asser's work
on the Pleas of the Crown 67. J Owen
20. — The two first are for him
the latter, which is a Dictum of
a Judge in argument, directly
against him — the passage to which
I have referred in Hale's larger
work which did not come out
till after this edition of the
Serjeant's, is also against him.
And the inference from a subsequent
Statutes having inflicted milder
Penalties for the the same offense thing
is also against him. If I were
to weary the reader with discussions
of this sort upon every occasion,
this Book would have no end:
He may perhaps be not much
wide of the mark if he takes
it for granted, that the agreement and half the
points of that might be started
under the Common Law in
Criminal matters the agreement
is about as entire as it is on this.

Identifier: | JB/073/038/001"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	038	Info in main headings field	theft anomalities restrictive
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals		Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	23878
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