JB/070/269/001

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BURGLARY Breaking & entering at different nights

of Burglary had been the subject totheir
to be Fr 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 & <add>does not get in at it another till the next, it shall be supp
that they he did both in one: Hale. 551. For. 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 brake and enter'd the
night when they enter'd, for the
breaking makes not the Burglary
till the entry." NOTE
A Reader of a an Intellect
not distorted by legal quirks
might be 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 Burglary? there is
certainly nothing no 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
you own: 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, thethe 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 , they lodge in tents: In different parts
of the Kingdom there are nomadical 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
members: 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 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 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 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 Justices — It is for Matthew
Hales, the most sempulous & 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 & kick 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]

Identifier: | JB/070/269/001"JB/" can not be assigned to a declared number type with value 70.
Date_1		Marginal Summary Numbering
Box	070	Main Headings	of laws in general
Folio number	269	Info in main headings field	[[info_in_main_headings_field::burglary breaking & entering at different nights[?]]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
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	23384
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