Home1823 Edition

ARSON

Volume 2 · 170 words · 1823 Edition

in English Law, is the malicious and wilful burning of the house or outhouse of another man; which is felony at common law.

This is an offence of very great malignity, and much more pernicious to the public than simple theft: because, first, it is an offence against that right of habitation which is acquired by the law of nature as well as by the laws of society; next, because of the terror and confusion that necessarily attends it; and, lastly, because in simple theft the thing stolen only changes its master, but still remains in esse for the benefit of the public; whereas, by burning, the very substance is absolutely destroyed. It is also frequently more destructive than murder itself, of which too it is often the cause: since murder, atrocious as it is, seldom extends beyond the felonious act designed, whereas fire too frequently involves in the common calamity persons unknown to the incendiary, and not intended to be hurt by him, and friends as well as enemies.