★ Find a new page on our Untranscribed Manuscripts list.
BURGLARY
naturally exerts itself in open violence, before it thinks of recurring to the less
obvious methods of stratagem & concealment disguise — Breaking in by force before
was what used to be done: words signifying breaking in by force used to was of course what
be employed: Judges practitioners got a habit of employing them, and Judges a habit
of expecting them: the criminal adventurers thought of nothing else: the
Judges thought of nothing else. burglary therefore was a breaking in by force
At last and (at in very great distance of time from the present)<a/dd> it happen'd that one of these adventurers more ingenious than <add>his
predecessors, thought of creeping down the Chimney — what was to be done<?Add>
now? the Practitioners and Judges had by this time formed some tolerably <add>distinctive
idea of the notion & peculiarity of the mischief: the ordinary & only import of the words were fright &
violently to debate itplainly too narrow to embrace it: but fright & they had been used to nothing else they had been used to
& they could not bear to think of any thing else — to That here was an offence
which in its' not effect possessed no real difference from those to which these terms
had been might be most rigorous & properly applied — the man was indicted <add. with</add>
the old story of fregit & intravit: and the man must either have been acquitted
or some notable contrivance adopted to prevent it
no impunity nor markable
difference between punisht
of Burglary & to warrant
this.
This Jurisprudence became enriched and the judgements of its professors
& enlightened by the doctrine of an entry where a body entered || || before this an account must be
given of the detrimental
to man who pulled goods out with
a Hook. and a breaking
where no body nothing was broken — and the and discernment of Juries was cherished by their being
directed, satisfied as they may might that there was neither, to find that there were both.
<note>N.B. this head sig indicated it was no part of his absence of indication
to get in, </del. having equipped himself
with an apparatus calculated
for a different purpose
and therefore was no foundation for that
personal alarm which constitutes all
<that this <add>evidence<A/dd> has of mischief in its beyond
simple Larcency
according to thse two are of the two words <add> characterisation<a/dd>
should be unnecessary; since the first of them
is made to include the other.</note?
BURGLARY. [BR][4][
|
Identifier: | JB/070/266/001"JB/" can not be assigned to a declared number type with value 70. |
|||
|---|---|---|---|
|
070 |
of laws in general |
||
|
266 |
burglary |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
c3 |
||
|
jeremy bentham |
[[watermarks::[gr motif] [britannia with shield motif]]] |
||
|
23381 |
|||
