oom whether he life owes [owns].'
LI. Eadmundi, c. 6 and see LI. Cnuti. 61. 'bus btec,' in
notesion Arson, ante. A Burglar was also called a Burgessor.
'Et soit enquis de Burgessours et sunt tenus Burgessours
trestous ceux que felonisement en temps de pees debrusornt
esglises ou auter mesons, ou murs ou portes de nos cytes, ou
de nos Burghes.' Britt. c. 10. 'Burglaria est nocturna
diruptio habitaculi alicujus, vel ecclesise, etiam murorum,
portarurnve civitatis aut burgi, ad feloniam aliquam
perpetrandam. Noclanter dico, recentiores se-cutus; veteres
enim hoc non adjungunt.' Spelm. Gloss, verb. Burglaria. It
was punished with death. Ib. citn. from the office of a
Coroner. It may be committed in the outset houses, as well
as inset, 3 Inst. 65. though not under the same roof or
contiguous, provided they be within the Curtilage or Home-
stall. 4 BI. 225. As by the Common law all felonies were
clergiable, the stat. 23 H. 8. c. 1; 5 E. 6. c. 9. and 18
El. c. 7. first distinguished tfiem, by taking the clerical
privilege of impunity from the principals, and 3 & 4 W. M.
c. 9. from accessories before the fact. No statute defines
what Burglary is. The 12 Ann. c. 7. decides the doubt
whether, where breaking is subsequent to entry, it is
Burglary. Bacon's Elements had affirmed, and T. H. P. C.
554. had denied it. Our bill must distinguish them by
different degrees of punishment.

Whatsoever act, if committed in the night time, shall constitute
the crime of Burglary, shall, if committed in the day, be deemed
House-breaking;* and whosoever is guilty thereof, shall be condemned to
hard labor three years in the public works, and shall make reparation to
the persons injured.

* At the Common law, the offence of House-breaking was not
distinguished from Burglary, and neither of them from any
other larceny. The statutes at first took away clergy from
Burglary, which made a leading distinction between the two
offences. Later statutes, however, have taken clergy from so
many cases of House-breaking, as nearly to bring the
offences together again. These are 23 H. 8. c. 1; 1 E. 6. c.
12; 5 k 6 E. 6. c. 9; 3 & 4 W. M. c. 9; 39 El. c. 15; 10&11
W. 3. c.23; 12 Ann. c. 7. See Burr. 428; 4 Bl. 240. The
circumstances, which in these statutes characterize the
offence, see