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BURGLARY
It is [curious] amusing & not unconstructive to observe how the compiler Hawkins begins one of his pages, on the subject
of this offence, & how he ends it. + + p.102 1 Hawk or As to the second point (says he) viz: ion the beginning whether
there must be both an entry and breaking ; notwithstanding some loose opinions to the
contrary, there seems to be no good cause to doubt but that both are requested to compleat
this offence ——— Thus he begins it — This is the beginning at the end he ends with handing in a decision which flatly contradicts himself with
all the tranquillity -: no
"less guilty [of Burglary] who having a design to rob a House, took Lodgings in
"it, and then fell on the Landlord and robbed him; for the Law will not endure
"to have its' Justice defrauded by such evasions. And for the like reason, a
"portion, it has been resolved, that where persons, intending to rob a House, raise
"a Hue and cry, and prevailed with a Constable to make a Search in the
"House, and having got in by that means, with the Owner's consent, i.e. without any breaking at all] bound the Constable
"and robbed the Inhabitants, they were guilty of Burglary; He of recounting this contradiction when he adds for there cannot<lb/. "be a greater affront to Public Justice, than to make use of legal process as
"a State for such villainous purposes; and therefore the whole Act is esteemed
"at ignition" — And what of that? It's all very wrong as no body can doubt but,
where's the Burglary all the whole? It is curious to observe how this reasoning hangs
together — he undertakes to prove this last mentioned offence to prove it to prove the transaction Burglary
The business is to prove this, Burglary — In Burglary, a breaking
and Burglary to make it such he has been just observing, breaking is necessary: now the point is nothing is broken
But it was very wrong from the beginning However it is a more villainous affair to affront abuse the a legal process, than
there was a breaking & there was Burglary.
I am truly sorry to observe, that in a performance of far superior merit, we have
a page on the same subject # # 4 Cam. 226
An Author of a very different class [complexion]
Who embellishes every thing
he touches begun and ended in the same manner. "As to
the manner of committing Burglary; says the Author of the Commentaries there must be both a breaking and entering
to complete it x x x x There must be an actual breaking; not a mere legal
fragit (by leaping over invisible ideal boundaries which may constitute a
trespass) but a substantial and forcible inception" — then comes a string of decisions
ending with the two above specified — "All these entries continues the Author have
"adjudged Burglaries, tho'ugh there was no actual breaking: for the Law will
has considered to give the stamp of his authority to this a like mass of contradictions.
were these conditions as universal
in other subjects, as without necessity
they are general frequent in Law, language
< would no longer serve as an medium
of communication.
I shall not stay to compare, distinguish,
reconcile or if where</add. irreconcilable, reprobate
all the decisions sentient &
that have been pronounced or even
< that are now recognized upon the <add> every subject of which I had indeed any heads/part division. topic for
what industry in the writer or<lb?> what patience in the reader would
be sufficient for such a taste?
nor shall I amuse myself with
applying a plaister to every wound
which common-Sense has received
in the Chance-medley
of opinions: Any man of
tolerable sagacity will be able<lb?> to do it for himself by the general
recipes I have given, if there
he is they become then any virtue: if not,
their number is already but too
great.
[BR][2][
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Identifier: | JB/070/264/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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264 |
burglary |
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001 |
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text sheet |
1 |
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recto |
c1 |
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jeremy bentham |
[[watermarks::[gr motif] [britannia with shield motif]]] |
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23379 |
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