Robbery is the taking away violently and feloniously the goods or money from the person of a man, putting him in fear; and this taking is not only with the robber’s own hands, but if he compel, by the terror of his assault, the person whom he robs to give it himself, or bind him by such terrible oaths, that afterwards in conscience he thinks himself obliged to give it, is a taking within the Law, and cannot be purged from any delivery afterwards.  Yea, where there is a gang of several persons, only one of which robs, they are all guilty as to the circumstance of putting in fear, wherever a person attacks another with circumstances of terror, as though fear oblige him to part with his money though it be without weapons drawn, and the person taking it pretend to receive it as an alms.  And in respect of punishment, though judgment of death cannot be given in any larceny whatsoever, unless the goods taken exceed twelve pence in value, yet in robbery such judgment is given, let the value of the goods be ever so small.

As to crimes committed against the habitations of men, there are two kinds, viz., burglary and arson.

Burglary is a felony at Common Law, and consists in breaking and entering the mansion house of another in the night time with an intent of committing a felony therein, whether that intention be executed or not.  Here, from the best opinions, is to be understood such a degree of darkness as hinders a man’s countenance from being discerned.  The breaking and entering are points essential to be proved in order to make any fact burglary; the place in which it is committed must be a dwelling house, and the breaking and entering such a dwelling house must be an intent of committing felony, and not a trespass; and this much I think is sufficient to define the nature of this crime, which notwithstanding the many examples which have been made of it, is still too much practised.  As to arson, by which the Law understand maliciously and voluntarily burning the house of another by night or by day; to make a man guilty of this it must appear that he did it voluntarily and of malice aforethought.

Besides these, there are several other felonies which are made so by Statute, such as rapes committed on women by force, and against their will.  This offence was anciently punished by putting out the eyes and cutting off the testicles of the offenders; it was afterwards made a felony, and by a statute in Queen Elizabeth’s reign, excluded from benefit of clergy.  By an Act made in the reign of King Henry the Seventh, taking any woman (whether maid, wife or widow) having any substance, or being heir apparent to her ancestors, for the lucre of such substance, and either to marry or defile the said woman against her will, then such persons and all those procuring or abetting them in the said violence, shall be guilty of felony, from which, by another Act in Queen Elizabeth’s reign, benefit of clergy is taken.  Also by an Act in the reign of King James the First, any person marrying, their former husband or wife being then alive, such persons shall be deemed guilty of felony, but benefit of clergy is yet allowed for this offence.