65. though not under the same roof or
contiguous, provided they be within the Curtilage or Homestall. 4 Bl.
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 them,
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 1. H. P. C. 554. had denied it.
Our bill must distinguish them by different degrees of punishment.
(* 32) At the Common law, the offence of Housebreaking 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 Housebreaking, as
nearly to bring the offences together again. These are 23 H. 8. c. 1.
1 E. 6. c. 12. 5 and 6 E. 6. c. 9. 3 and 4 W. M. c. 9. 39 El. c. 15.
10 and 11 W. 3 c. 23. 12 Ann. c. 7. See Barr. 428. 4 Bl. 240. The
circumstances which in these statutes characterize the offence, seem
to have been occasional and unsystematical.
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