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<head>BURGLARY</ | <head>BURGLARY<lb/> | ||
Breaking & entering at different <del>nig</del> <add>nights</add></head> | |||
<p> | <p><del>One would think that true if Burglary had been the subject which happens to</del><add>their</add><lb/> | ||
<del> | <del><gap/> to be <gap/></del> S<hi rend="superscript">r</hi> M<hi rend="superscript">r</hi> Hale is not asham<lb/> | ||
<del><gap/> to be <gap/></del> < | to <del>say</del> <add>declare</add>, and that without other warrant than his own imagination, that if it should be <add>known</add><lb/> | ||
to <del> | that a man <del>make</del> <add>break</add> a hole one night & <add><del><gap/></del> does not</add> get in at it <del>another</del> <add><sic>till</sic> the</add> next, it shall be <sic>supp</sic><lb/> | ||
that a man <del>make</del> <add>break</add> a hole one night & <add><del><gap/></del | that <del>they</del> <add>he</add> did both in one:</p> | ||
that <del>they</del> <add>he</add> did both in one: | |||
<note>Hale. 557. Pr. Pen. Law 257</note> | |||
<note> | <note>"But if they break a hole in the<lb/> | ||
"But if they break a hole in the<lb/> | |||
house to enter another night & <sic>committ</sic><lb/> | house to enter another night & <sic>committ</sic><lb/> | ||
Felony, and accordingly they<lb/> | |||
come at another night, and committ<lb/> | come at another night, and committ<lb/> | ||
a | a Felony through the hole they so<lb/> | ||
made the night before this seems<lb/> | made the night before this seems<lb/> | ||
to be Burglary, <sic>tho'</sic> not the same<lb/> | to be Burglary, <sic>tho'</sic> not the same<lb/> | ||
night; and it shall be <hi rend="underline">supposed,</hi><lb/> | night; and it shall be <hi rend="underline">supposed,</hi><lb/> | ||
that they | that they broke and <sic>enter'd</sic> the<lb/> | ||
night when they <sic>enter'd</sic>, for the<lb/> | night when they <sic>enter'd</sic>, for the<lb/> | ||
breaking makes not the Burglary<lb/> | breaking makes not the Burglary<lb/> | ||
<sic>till</sic> the entry." NOTE<lb/> | <sic>till</sic> the entry."</note> | ||
A Reader of a | |||
not distorted by <add> | <note>NOTE<lb/> | ||
might be | A Reader of a common Intellect<lb/> | ||
not distorted by <add>one or another</add> technical <add>legal</add> quirks<lb/> | |||
might be apt to ask, why not<lb/> | |||
<hi rend="underline">suppose</hi> in so many words what<lb/> | <hi rend="underline">suppose</hi> in so many words what<lb/> | ||
you suppose in effect that such a <lb/> | you suppose in effect that such a <lb/> | ||
breaking and entering <sic>tho'</sic> at different<lb/> | breaking and entering <sic>tho'</sic> at different<lb/> | ||
times may be <add | times may be <add>amount [to]</add> Burglary? there is<lb/> | ||
certainly nothing <add>no | certainly nothing <add>no repulsion free</add> in the 8 letters<lb/> | ||
which compose that word that exclude <add>to exclude</add><lb/> | which compose that word that exclude <add>to exclude</add><lb/> | ||
<del>that</del> <add>such</add> an idea. The words<lb/> | <del>that</del> <add>such</add> an idea. The words<lb/> | ||
| Line 40: | Line 41: | ||
which you <unclear>interest</unclear> yourselves behold<lb/> | which you <unclear>interest</unclear> yourselves behold<lb/> | ||
they are the work of your own hands<lb/> | they are the work of your own hands<lb/> | ||
< | your <gap/>: <gap/> <unclear>is the then as</unclear> <gap/><lb/> | ||
good in your <add>own</add> eyes. but tamper<lb/> | good in your <add>own</add> eyes. but tamper<lb/> | ||
not with the immutable <del><gap/></del> <add>decrees of</add><lb/> | not with the immutable <del><gap/></del> <add>decrees of</add><lb/> | ||
of <del><gap/></del>; which | of <del><gap/></del>; which hath declared,<lb/> | ||
that it is impossible for | that it is impossible for the same<lb/> | ||
<del>thing</del> <add>fact</add> to be & not to be. | <del>thing</del> <add>fact</add> to be & not to be.</note> | ||
</note | |||
<p> | <p>When men are got into the way of supposing that to be true which in the same breath <add>they</add><lb/> | ||
When men are got into the way of supposing that to be true which in the same breath <add>they</add><lb/> | declare to be false, <del>the</del> <add><del>the</del> best & shortest way</add> a shorter way than this is, to suppose a man guilty at once <add>&</add><lb/> | ||
declare to be false, <del>the</del><add><del>the</del> best & shortest way</add> a shorter way than this is, to suppose a man guilty at once <add>&</add><lb/> | hang him up without further ceremony. — If a Judge is <add>to be</add> permitted to do one, there is <add>not</add><lb/> | ||
hang him | much to hinder him from doing <sic>t'other</sic>.</p> | ||
much to hinder him from doing | |||
</p> | |||
<p> | <p>[In time of war] when the Militia are called out to service <add>operation</add>, they <del><gap/></del> <add>lodge</add> in tents: In different parts<lb/> | ||
[In time of war] when the Militia are called out to service <add> | of the Kingdom there are periodical fairs, where the Tradesmen live in Booths for a week<lb/> | ||
of the Kingdom there are | |||
together.</p> | together.</p> | ||
<p> | <p>They are all a pack of fools <add>idiots</add> for their pains, if we may believe the Author of the Commentaries:<lb/> | ||
They are all a pack of fools <add>idiots</add> for their pains, if we may believe the Author of the | which being the case there is the less occasion for the <add>Law</add>Legislature to take<lb/> | ||
care of them. The Legislature however has thought otherwise; & now since the .....<lb/> | |||
care of | c. .. it is <del>for</del> as penal for a thief to disturb the repose of these foolish people, as<lb/> | ||
c. .. it is <del> | of others that are wiser. <del>It may suppose that the</del> The Housekeeper in Cheapside goes<lb/> | ||
of others that are wiser.<del>It may | |||
up to bed and leaves the <add>street</add> door upon the latch; that man is wise: for he lives in<lb/> | up to bed and leaves the <add>street</add> door upon the latch; that man is wise: for he lives in<lb/> | ||
a Tenement which the Law regards. Tis | a Tenement which the Law regards. <sic>Tis</sic> a mere thing to be a favourite.</p> | ||
</p> | |||
<p> | <p>Some naturalists have thought there <add>must have been</add> was a secret virtue in the <sic>topick</sic> of Burglary,<lb/> | ||
Some naturalists have thought there <add>must have been</add> was a secret virtue in the <sic>topick</sic> of Burglary,<lb/> | |||
which <del>has drawn interest</del> <add>to draw</add> the Lawyers <del><gap/> rather this</del> <add>together: rather the offenders of their <unclear>extravagance</unclear>, set them a <gap/><gap/><gap/><gap/></add> as if they were justified:<lb/> | which <del>has drawn interest</del> <add>to draw</add> the Lawyers <del><gap/> rather this</del> <add>together: rather the offenders of their <unclear>extravagance</unclear>, set them a <gap/><gap/><gap/><gap/></add> as if they were justified:<lb/> | ||
as Commit | as <unclear>Commit</unclear> & <gap/> does <gap/>, & <add>put</add> [not them upon] all manner of extravagances<lb/> | ||
into their <del><gap/></del> <add><gap/>: | into their <del><gap/></del> <add><gap/>: observations</add> I will not venture to pronounce upon this theory: The following<lb/> | ||
<del><gap/></del> <add> | <del><gap/></del> <add>seems to be</add> among the facts <del>upon which it seems to be grounded</del> <add>that have given rise to it.</add></p> | ||
<p> | <p> | ||
One should have thought it the conceit of some <hi rend="underline"> | One should have thought it the conceit of some <hi rend="underline">Jefferies</hi> — It is for Matthew<lb/> | ||
Hales, the most | Hales, the most scrupulous & tenderest of Judges.<lb/> | ||
"If a man makes a hole <del>in</del> <add>in a house</add> one night, & gets in at it <del>on</del> another; he shall<lb/> | "If a man makes a hole <del>in</del> <add>in a house</add> one night, & gets in at it <del>on</del> another; he shall<lb/> | ||
be <hi rend="underline">"supposed"</hi> to have done both in one; & so will make it Burglary." <del><gap/></del> This is a<lb/> | be <hi rend="underline">"supposed"</hi> to have done both in one; & so will make it Burglary." <del><gap/></del> This is a<lb/> | ||
roundabout way of going to work: I know of a better — If a fellow | roundabout way of going to work: I know of a better — If a fellow is troublesome,<lb/> | ||
suppose him a <sic>Burglarer</sic> & | suppose him a <sic>Burglarer</sic> & <gap/> him up at once: it <add>will</add> save breath and trouble.<lb/> | ||
<del> | <del>If you</del> Suppose one thing which by your own account is false, & you may suppose<lb/> | ||
another</p> | another</p> | ||
< | <p>BURGLARY.<lb/> | ||
[BR|7]</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
BURGLARY
Breaking & entering at different nig nights
One would think that true if Burglary had been the subject which happens totheir
to be Sr Mr Hale is not asham
to say declare, and that without other warrant than his own imagination, that if it should be known
that a man make break a hole one night & does not get in at it another till the next, it shall be supp
that they he did both in one:
Hale. 557. Pr. Pen. Law 257
"But if they break a hole in the
house to enter another night & committ
Felony, and accordingly they
come at another night, and committ
a Felony through the hole they so
made the night before this seems
to be Burglary, tho' not the same
night; and it shall be supposed,
that they broke and enter'd the
night when they enter'd, for the
breaking makes not the Burglary
till the entry."
NOTE
A Reader of a common Intellect
not distorted by one or another technical legal quirks
might be apt to ask, why not
suppose in so many words what
you suppose in effect that such a
breaking and entering tho' at different
times may be amount [to] Burglary? there is
certainly nothing no repulsion free in the 8 letters
which compose that word that exclude to exclude
that such an idea. The words
(might he say to Lawyers such as these)
which you interest yourselves behold
they are the work of your own hands
your : is the then as
good in your own eyes. but tamper
not with the immutable decrees of
of ; which hath declared,
that it is impossible for the same
thing fact to be & not to be.
When men are got into the way of supposing that to be true which in the same breath they
declare to be false, the the best & shortest way a shorter way than this is, to suppose a man guilty at once &
hang him up without further ceremony. — If a Judge is to be permitted to do one, there is not
much to hinder him from doing t'other.
[In time of war] when the Militia are called out to service operation, they lodge in tents: In different parts
of the Kingdom there are periodical fairs, where the Tradesmen live in Booths for a week
together.
They are all a pack of fools idiots for their pains, if we may believe the Author of the Commentaries:
which being the case there is the less occasion for the LawLegislature to take
care of them. The Legislature however has thought otherwise; & now since the .....
c. .. it is for as penal for a thief to disturb the repose of these foolish people, as
of others that are wiser. It may suppose that the The Housekeeper in Cheapside goes
up to bed and leaves the street door upon the latch; that man is wise: for he lives in
a Tenement which the Law regards. Tis a mere thing to be a favourite.
Some naturalists have thought there must have been was a secret virtue in the topick of Burglary,
which has drawn interest to draw the Lawyers rather this together: rather the offenders of their extravagance, set them a as if they were justified:
as Commit & does , & put [not them upon] all manner of extravagances
into their : observations I will not venture to pronounce upon this theory: The following
seems to be among the facts upon which it seems to be grounded that have given rise to it.
One should have thought it the conceit of some Jefferies — It is for Matthew
Hales, the most scrupulous & tenderest of Judges.
"If a man makes a hole in in a house one night, & gets in at it on another; he shall
be "supposed" to have done both in one; & so will make it Burglary." This is a
roundabout way of going to work: I know of a better — If a fellow is troublesome,
suppose him a Burglarer & him up at once: it will save breath and trouble.
If you Suppose one thing which by your own account is false, & you may suppose
another
BURGLARY.
[BR|7]
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269 |
[[info_in_main_headings_field::burglary breaking & entering at different nights[?]]] |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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