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Burglary.
So to break a hole in the Wall, and to shoot in thereby
at any within
the House, Anders. part 1. p. 114. |
Chap. 151. |
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So (the Door being opened by some of the House)
if any the attempters
shall discharge a Dagg against any in the House, and in discharging
his Dagg, shall hold his hand over the threshold, though he set no foot
over. |
26 Eliz. |
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" But if Thieves come to a House, and some within
open the Door,
" and one of the Thieves shoot at the Man, and miss him, and the Bullet
" break the Wall of the House. This is not Burglary. |
And. part
1. p. 114. |
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" Or, if they have a hole in the Wall, and perceive
a Man to come
" by with a Purse, or any thing else in his hand, and snatch it away:
This
" is Burglary. So one came to a Gentlemans Widow, and saw a Cabinet
" with Mony in it, and pulling it to him, took out the Mony, he was
" executed for it. |
And. part
1. p. 114. |
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So if upon an attempt of Burglary, they within the
House shall cast out
their Mony for fear, and the attempters take it away. |
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And yet there is no Actual Entry made, in any of
these Cases. |
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But if a Thief setteth but his Foot over the Threshold,
or into any
part of the House, to commit Felony, ' or shall for that purpose but put
his
' hand in at the Window, or any any hole in the Wall, this much more shall
convict him of Burglary. |
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Also one being let down the Chimney in the night,
to commit Felony,
it was adjudged Burglary by Sir R. Manwood, Chief Baron, and yet
he
broke not the House. |
Cromp. 32. |
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So it is to come into the House by the help of a
Key. |
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So if suddenly one come into the House by night,
the Doors being
open, and the Owner flieth to his Chamber, and his Offender is taken
shoving at the Chamber-door. |
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So it is, if Thieves pretending that they be robbed,
&c. shall come to
the Constable, and pray him to make search for the Felons, and going with
the Constable into a Mans House to search, they rob the Good Man of the
House. This is Burglary. |
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So if a Servant conspiring with another to rob his
Master, shall open
his Masters Door or Window in the night, and the other entreth thereat;
this is Burglary in the Stranger, by the opinion of Sir Roger Manwood;
and
the Servant is but a Thief, and no Burglar. |
21 Eliz.
Terms 34. |
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And yet the House was not broke in any of these
Cases. |
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If a Thief find a Door open, and cometh in by night,
and robs the
House, and be taken with the manner, and breaks a Door to escape; this
is Burglary: Yet the breaking of the Door was without any Felonious
intent, but it is one intire Act. Sir Fr. Ba. 65. |
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' If a Man in the night entreth into the House by
a hole, or at a Wall
' broken before, and taketh away any thing, or to the intent to do any
' Felony, it is Burglary. |
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But if one cometh into my House in the day, and
there hideth himself
till, night, and then robbeth me; or if I shall lodge one in my House,
and in
the night he robbeth me (sc. goeth out of my House and taketh away
some
of my Goods with him,) yet this is no Burglary, for that he broke not my
House. For the first case it was so holden at Derby, Ass.
32. El. Cromp. 34.
See hic postea. Quære of his opening the Door to go
out and escape, if that
shall not make it Burglary. |
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Also if divers come to commit Burglary, and but
one of them entreth,
and commit it, the rest standing about the House or not far off, to watch
that no help shall come: This is Burglary in all that Company. |
11 H. 4. 13. |
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