| Chap. 151. |
Burglary.
But Mr. Finch (lib. 2) describeth Burglary
to be the breaking and entry
of a House in the night, with a felonious intent to kill or steal although
no
Man be killed, not any thing stoln. |
361 |
|
Now concerning the place, it may be either publick
or private; publick,
as the Church or Walls, or Gates of a City, or a walled Town; private,
as a Dwelling-house: And here commonly it is no Burglary, unless
some
person be at that time within the House. |
§. 4.
The place. |
And. part
1. p. 302. |
And yet An. 36 Eliz. Termino Pasch at
an Assembly of all the Justices at
Serjeants-Inn it was resolved, That the breaking of an House
in the night,
with an intent to commit Felony, is Burglary, although that no person be
within the House; for the Law is, That every Man ought to be in security
or safety in the night; as well for their Goods, as for their Persons;
and that
the ancient Presidents are, Quod domum noctanter fewrice & burg.
fregit,
without saying Dumum mansionalem, or that any person was in
the House;
and that the reason why of late times these words have been put into the
Indictment (sc. that some person was in the House) was, for that
in such
cases the benefit of Clergy was taken away: But now by the Statute
18
Eliz. 6. Clergy is taken away in all cases of Burglary; and
therefore the
Judges then all agreed from thenceforth to put the same in execution accordingly.
I have seen this thus reported out of a Book of Pophams, late
Lord Chief Justices of the Kings Bench. |
|
| Co. 4. 40. |
And if a Man hath a Dwelling-house, and he and all
his Family (upon
some occasion) are part of the night out of the House, and in the mean
time one cometh and breaketh the House to commit Felony; this is Burglary. |
|
| Ibid. |
So if a Man hath two Dwelling-houses, and sometimes
dwelleth in the
one, and sometimes at the other, and hath a Family of Servants in both)
and in the night, when his Servants are out of the House, the House if
broken
by Thieves; This is Burglary. Adjudged 38 Eliz. |
|
|
I have also seen a report of Judge Popham, that
Termino Trin. 36 Eliz.
it was resolved by the Judges, that if a Man had two Houses, and dwelt
sometimes in one, and sometimes in the other; if that House wherein he
neither then was, nor had any Servants, were broken, &c. That
this was
Burglary although no person then dwelt or were therein. |
|
| Cromp. 33. |
If one breaketh a Chamber in Lincolns-Inn, (or
in any other House of
Court or Chancery, or in any Colledge in Cambridge or
Oxford, &c.) in
the night, to the intent to commit Felony there, this is Burglary, although
there were no person in the same Chamber: For the Colledges and Houses
of Court and Chancery be intire Houses, whereof such Chamber is
parcel;
so that if any person shall be in any other Chamber within the same House
or Colledge at the same time, it is Burglary. |
|
|
One P. was arraigned of Burglary, 22 Eliz.
for that he assaulted one of
his Companions of the Inner-Temple, London, in his Chamber, there
to
have killed him in the Evening, &c. But had his pardon. |
|
Cromp. 32
2 E. 6. |
A Servant who lieth continually within his Masters-House,
openeth the
Doors of his Masters House in the night to rob him; this is Burglary, Lect.
Mr. Cook, tempore H. 8. See hic antea. |
|
|
A Man cometh as a Guest to eat and drink in the
day time, and there
stayeth till night, and in the night time breaketh his Chamber, or any
part
of the House to rob his Host, this is Burglary. Ibid. |
|
|
A Guest cometh to a common Inn, &c. and the
Host appointeth him his
Chamber, and in the night the Host breaketh into his Guests Chamber to
rob him; this is Burglary. Ibid. |
|
I i
|
 |
