a felonious breaking and entering into the dwelling-house of another person in the nighttime, with an intent to commit some felony, whether the same be executed, or not.

The like offence committed by day, is called house-breaking.

Burglary is an offence excluded the benefit of clergy, and may be committed by taking away goods from a dwelling-house, any person being therein; or breaking any shop, warehouse, &c. though in the daytime, and taking goods from thence of five shillings value, if no person be therein.