in Law, is applied to one who is guilty of maliciously setting fire to another's dwelling-house or premises. A bare intent or attempt to do this, by actually setting fire to a house, unless it absolutely burns, does not fall within the description of incendit et combustit. But the burning and consuming of any part is sufficient, though the fire be afterwards extinguished. It must also be a malicious burning, otherwise it is only a trespass. This offence is called arson in the English, and wilful fire-raising in the Scotch law.

Amongst the ancients, criminals of this kind were adjudged to be burned. Qui ades, acervumque fragmenti juxta domum positum scies, prudensoque dolo mulo combusturit, cinetus igni necatur. The punishment of arson was death by the ancient Saxon laws and by the Gothic constitutions; and in the reign of Edward I. incendiaries were burned to death. The statute 8 Henry VI. c. 6, made the wilful burning of houses, under special circumstances, high treason; but it was reduced to felony by the general acts of Edward VI. and Queen Mary. This offence was denied the benefit of clergy by 21 Henry VIII. c. 1, which statute was repealed by 1 Edward VI. c. 12; and arson was held to be ousted of clergy with respect to the principal, by inference from the statute 4 and 5 Philip and Mary, c. 4, which expressly denied it to the accessory; though now it is expressly denied to the principal also by 9 Geo. I. c. 22.