The Every-day Book and Table Book. v. 2 (of 3) / or Everlasting Calendar of Popular Amusements, Sports, Pastimes, Ceremonies, Manners, Customs and Events, Incident to Each of the Three Hundred and Sixty-five Days, in past and Present Times; Forming a Complete History of the Year, Month, and Seasons, and a Perpetual Key to the Almanac

by William Hone

May 10.

Justice.

In May, 1736, Henry Justice, of the Middle Temple, Esq., was tried at the Old Bailey, for stealing books out of Trinity-college library in Cambridge. He attempted to defeat the prosecution by pleading, that in the year 1734, he was admitted fellow-commoner of the said college, whereby he became a member of that corporation, and had a property in the books, and therefore could not be guilty of felony, and read several clauses of their charter and statutes to prove it. But after several hours’ debate, it appeared he was only a boarder or lodger, by the words of the charter granted by Henry VIII. and queen Elizabeth. He was found guilty.

On the tenth of the month, having been put to the bar to receive sentence, he moved, that as the court had a discretionary power, he might be burnt in the hand and not sent abroad; first, for the sake of his family, as it would be an injury to his children and to his clients, with several of whom he had great concerns, which could not be settled in that time; secondly, for the sake of the university, for he had numbers of books belonging to them, some in friends’ hands, and some sent to Holland, and if he was transported he could not make restitution. As to himself, considering his circumstances, he had rather go abroad, having lived in credit till this unhappy mistake, as he called it, and hoped the university would intercede for him. The deputy-recorder commiserated his case, told him how greatly his crime was aggravated by his education and profession, and then sentenced him to be transported to some of his majesty’s plantations in America for seven years.

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