Note 602 — ARSON.
Reading edition
The crime of arson, at common law, is the malicious and voluntary burning of the house of another, by night or by day, whether in part or entirely. 3 Inst. 66. This felony was without benefit of clergy; but see Poulter’s case, 11 Rep. 29, 2 Hawk. P. C. 503, 1 Hale, P. C. 570. All doubts on this point are now taken away by Stat. 9, Geo. 1, c. 22. Britton saith, “Soit inquise de ceux que feloniousment en temps de pace aient auters blees, au autres measons arses, et ceux que serr de ceo attaint, soient arses, issint que its soient punies per mesme le choz dont ilz pecherent.” But this mode of punishment has been long changed, 1 Hale, P. C. 566; outhouses and barns, parcel of the dwelling house and barns having corn in them were included under the word house, for it was not necessary as in burglary to say in the indictment domum mansionale (1 Hale, P. C. 567, Barham’s case, 4 Co. Rep. 20;) to take away clergy, these distinctions are ended by 9 Geo. 1. See stats. 21 H. 8, c. 1; 23 H. 8, c. 1; 37 H. 8, c. 26; 1 Ed. 6, c. 12; 4 and 5 P. and M. c. 4; 43 Eliz. c. 13; 22 and 23 Car. 2, c. 7; 9 Geo. 1, c. 22, made perpetual by 31 G. 2, c. 42; 28 G. 2, c. 19; 1 G. 1, c. 48; 10 G. 2, c. 32; 9 G. 3, c. 29; see also Jac. L. dict. tit. Burning, and Hawk, P. C. by Leach.