See also:

• ARSON (from Lat. ardere, to burn)

ARSON (from See also:

• LAT

Lat. ardere, to See also:

• BURN, RICHARD (1709-1785)

burn)  , a See also:

• CRIME (Lat. crimen, accusation)

crime which has been described as the malicious and voluntary burning of the See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

house of another (3 Co . Inst . 66) . At See also:

• COMMON

common See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England it is an offence of the degree of See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony . In the See also:

• ROMAN

Roman See also:

• CIVIL

civil law See also:

• ARSON (from Lat. ardere, to burn)

arson was punishable by See also:

• DEATH

death . It appears See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early in the See also:

• HISTORY

history of See also:

• ENGLISH

English law, being known in See also:

• ANCIENT
• ANCIENT (also spelt ANTIENT; derived, through the Fr. ancien, old, from the late Lat. antianum, from ante, before)

ancient See also:

• LAWS

laws by the See also:

• TERM

term of boernet . It is mentioned by Cnut as one of the bootless crimes, and under the Saxon laws was punishable by death . The See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence of death for arson was, says See also:

• STEPHEN
• STEPHEN (1097?-1154)
• STEPHEN (ISTVAN) BATHORY (1533-1586)
• STEPHEN, SIR JAMES (1789-1859)
• STEPHEN, SIR JAMES FITZJAMES, BART
• STEPHEN, SIR LESLIE (1832-1904)

Stephen (Commentaries, iv . 89), in the reign of See also:

• EDWARD

Edward I. executed by a See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind of lex talionis, for the incendiaries were burnt to death; a See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment which was inflicted also under the See also:

• GOTHIC

Gothic institutions . Death continued to be the See also:

• PENALTY (Lat. poena, punishment)

penalty at least down to the reign of See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

King See also:

• JOHN
• JOHN (1167–1216)
• JOHN (1290-c. 1320)
• JOHN (1296-1346)
• JOHN (1371–1419)
• JOHN (1468-1532)
• JOHN (1801-1873)
• JOHN (Heb. llni')
• JOHN (ZAPOLYA) (1487-1540)
• JOHN, 4TH MARQUESS OF TWEEDDALE (c. 1695-1762)
• JOHN, DON (1545-1578)
• JOHN, DON (1629–1679)
• JOHN, GOSPEL OF ST
• JOHN, or HAYS (1513–1571)
• JOHN, THE APOSTLE
• JOHN, THE EPISTLES OF

John, according to a reported See also:

• CASE
• CASE, JOHN (d. 1600)

case (See also:

• GLOUCESTER
• GLOUCESTER (abbreviated as pronounced Glo'ster)
• GLOUCESTER, EARLS AND DUKES OF
• GLOUCESTER, GILBERT DE CLARE, EARL OF (1243-1295)
• GLOUCESTER, RICHARD DE CLARE, EARL OF (1222-1262)
• GLOUCESTER, ROBERT, EARL OF (d. 1147)
• GLOUCESTER, THOMAS OF WOODSTOCK, DUKE

Gloucester Pleas, pl . 216), but in course of See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time the penalty became that of other common-law felonies, death by the gallows . It is one of the earliest crimes in which the mens rea, or criminal See also:

• INTENT (from Lat. intend ere, to stretch out, extend, particularly in the phrase intendere animum, to turn one's mind to, purpose)

intent, was taken See also:

• SPECIAL

special See also:

• NOTICE

notice of .

See also:

• BRACTON, HENRY DE (d. 1268)

Bracton deals at length with the See also:

• MALA

mala conscientia, which he says is necessary for this crime, and contrasts it with negligentia (f . 146 b), while in many early indictments malice aforethought (malitia praecogitata) appears . Arson was deprived of " benefit of See also:

• CLERGY (M.E. clergie, O. Fr. clergie, from Low Lat. form clericia [Skean, by assimilation with O. Fr. clergie, Fr. clerge,from Low Lat. clericatus)
• CLERGY, BENEFIT OF

clergy " under the Tudors, while an See also:

• ACT (Lat. actus, actum)

act of 8 See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry VI. c . 6 (1429) made the wilful burning of houses, under particular circumstances, high See also:

• TREASON (Fr. trahison, Lat. traditio)

treason, but acts of 1 Ed . VI. c . 12 (1547) and 1 See also:

• MARY
• MARY (1457-1482)
• MARY (1496-1533)
• MARY, QUEEN OF SCOTS

Mary (1553) reduced it to an See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary felony . The English law concerning arson was consolidated by 7 & 8 Geo . IV. c . 30, which was repealed and re-enacted by the Malicious Damage Act 1861 . The common-law offence of arson (which has been greatly enlarged by the act of 1861) required some See also:

• PART

part of the house to be actually burnt; neither a See also:

• BARE

bare intention nor even an actual See also:

• ATTEMPT (Lat. adtemptare, attentare, to try)

attempt by putting See also:

• FIRE (in O. Eng. f j'r; the word is common to West German languages, cf. Dutch vuur, Ger. Feuer; the pre-Teutonic form is seen in Sanskrit pu, pavaka, and Gr. irup; the ultimate origin is usually taken to be a root meaning to purify, cf. Lat. purus)

fire in or towards it will constitute the offence, if no part was actually burnt, but the burning of any part, however trifling, is sufficient, and the offence is See also:

• COMPLETE

complete even if the fire is put out or goes out of itself . The burning must be malicious and wilful, otherwise it is only a trespass . If a See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man by wilfully setting fire to his own house See also:

• BURN, RICHARD (1709-1785)

burn the house of his See also:

• NEIGHBOUR (O. Eng. neahgebiir, from Walt, " nigh," " near ")

neighbour also, it will be a felony, even though the See also:

• PRIMARY

primary intention of the party was to burn his own house only .

The word house, in the See also:

• DEFINITION (Lat. definitio, from de-finire, to set limits to, describe)

definition of the offence at common law, extends not only to dwelling-houses, " but to all out-houses which are See also:

• PARCEL (Fr. parcelle, Ital. particella, Lat. particela, diminutive of pars, part)

parcel thereof, though not adjoining thereto." Barns with See also:

• CORN (a common Teutonic word; cf. Lat. granum, seed, grain)
• CORN (fromm Lat. corms, horn)

corn and See also:

• HAY
• HAY (a word common in various forms to Teutonic languages; cf. Ger. Heu, Dutch hooi; the root from which it is derived, meaning " to cut," is also seen in " to hew "; cf. " hoe ")
• HAY, GEORGE (1729—1811)
• HAY, GILBERT
• HAY, JOHN (1838–1905)

hay in them, though distant from a house, are within the definition . The different varieties of the offence are specified in the Malicious Damage Act 1861 . The following crimes are thereby made felonies: (1) setting fire to any See also:

• CHURCH
• CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
• CHURCH, FREDERICK EDWIN (1826-1900)
• CHURCH, GEORGE EARL (1835–1910)
• CHURCH, RICHARD WILLIAM (1815–189o)
• CHURCH, SIR RICHARD (1784–1873)

church, See also:

• CHAPEL

chapel, See also:

• MEETING (from " to meet," to come together, assemble, 0. Eng. metals ; cf. Du. moeten, Swed. mota, Goth. gamotjan, &c., derivatives of the Teut. word for a meeting, seen in O. Eng. Wit, moot, an assembly of the people; cf. witanagemot)

meeting-house or other See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place of divine See also:

• WORSHIP (i.e. " worth-ship," O. Eng. weor8scipe)

worship; (2) setting fire to a dwelling-house, any See also:

• PERSON, OFFENCES AGAINST THE

person being therein; (3) setting fire to a house, out-house, manufactory, See also:

• FARM

farm-See also:

• BUILDING

building, &c., with intent to impose and defraud any person; (4) setting fire to buildings appertaining to any railway, See also:

• PORT

port, See also:

• DOCK

dock or See also:

• HARBOUR (from M.E. hereberge, here, an army; cf. Ger. Heer and -beorg, protection or shelter. Other early forms in English were herberwe and haiborow, as seen in various place names, such as Market Harborough.. The French auberge, an inn, derived through

harbour; or (5) setting fire to any public building . In these cases the act provides that the person convicted shall be liable, at the discretion of the See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court, to be kept in penal See also:

• SERVITUDE (Lat. servitus, from service, to serve)

servitude for See also:

• LIFE

life, or for any term not less than three years (altered to five years by the Penal Servitude Acts See also:

• AMENDMENT (through the O. Fr. amender, to correct, from Lat. mendum, a fault)

Amendment Act 1864), or to be imprisoned for any time not exceeding two years, with or without hard labour, and, if a male under sixteen years of See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

age, with or without See also:

• WHIP

whip-ping . Setting fire to other buildings, and setting fire to goods in buildings under such circumstances that, if the building were thereby set fire to, the offence would amount to felony, are subject to the punishments last enumerated, with this exception that the See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period of penal servitude is limited to fourteen years . The attempt to set fire to any building, or any See also:

• MATTER

matter or thing not enumerated above, is punishable as a felony . See also:

• RUSSELL (FAMILY)
• RUSSELL, ISRAEL COOK (1852- )
• RUSSELL, JOHN (1745-1806)
• RUSSELL, JOHN (d. 1494)
• RUSSELL, JOHN RUSSELL, 1ST EARL (1792-1878)
• RUSSELL, JOHN SCOTT (1808–1882)
• RUSSELL, LORD WILLIAM (1639–1683)
• RUSSELL, SIR WILLIAM HOWARD
• RUSSELL, THOMAS (1762-1788)
• RUSSELL, WILLIAM CLARK (1844– )

Russell says (Crimes, p . 1781) that the term building is no doubt very in-definite, but it was used in 9 & ,o Vict. c . 25, s . 2; and it was thought much better to adopt this term and leave it to be'interpreted as each case might arise, than to attempt to define; as any such attempt would probably have failed in producing any expression more certain than the term " building " itself . In R. v . See also:

• MANNING, HENRY EDWARD (1808-1892)

Manning, 1872 (L.R .

1 C.C.R . 338), it was held that an unfinished house was a building within the meaning of the act . The setting fire to crops of hay, grass, corn, &c., is punishable by penal servitude for any period not exceeding fourteen years, but setting fire to stacks of the same, or any cultivated See also:

• VEGETABLE

vegetable produce, or to See also:

• PEAT (possibly connected with Med. Lat. petia, pecia, piece, ultimately of Celtic origin; cf. O. Celt. pet, O. Ir. pit, Welsh peth, portion)

peat, coals, &c., is regarded as a more serious offence, and the penal servitude may be for life . For the attempt to commit the last two offences penal servitude is limited to seven years . Setting fire to mines of See also:

• COAL

coal, See also:

• ANTHRACITE (Gr. avOpaE, coal)

anthracite or other See also:

• MINERAL

mineral See also:

• FUEL (O. Fr. feuaile, popular Lat. focalia, from focus, hearth, fire)

fuel is visited with the full measure of penalty, and in the case of an attempt the penal servitude is limited to fourteen years . By the See also:

• DOCKYARDS

Dockyards, &c., See also:

• PROTECTION

Protection Act 1772 it is a felonypunishable by death wilfully and maliciously to set fire to any of His See also:

• MAJESTY (Fr. majeste; Lat. majestas, grandeur, greatness, from the base mag-, as in magnus, great, major, greater, &c.)

Majesty's See also:

• SHIPS

ships or vessels of See also:

• WAR
• WAR (O. Eng. werre, Fr. guerre, of Teutonic origin; cf. O.H.G. werran, to confound)

war, or any of His Majesty's arsenals, magazines, dockyards, rope-yards, victualling offices or buildings therein, or any See also:

• TIMBER

timber, material, stores or See also:

• AMMUNITION

ammunition of war therein or in any part of His Majesty's dominions . If the person guilty of the offence is a person subject to See also:

• NAVAL

naval discipline, he is triable by court-See also:

• MARTIAL (MARCUS VALERIUS MARTIALIS)

martial, and if found guilty, a sentence of See also:

• CAPITAL (i.e. capital stock or fund)
• CAPITAL (Lat. caput, head)

capital punishment may be passed . The Malicious Damage Act 1861, s . 43, also includes as a felony the setting fire to any See also:

• SHIP

ship or See also:

• VESSEL (O. Fr. vaissel, from a rare Lat. vascellum, dim. of vas, vase, urn)

vessel, with intent to See also:

• PREJUDICE (Lat. praejudicium)

prejudice any owner or part owner of the vessel, or of any goods on the same, or any person who has underwritten any policy of See also:

• INSURANCE

insurance on the vessel, or upon any goods on See also:

• BOARD (O. Eng. bord)

board the same . In See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland the offence See also:

• EQUIVALENT

equivalent to arson in England is known by the more expressive name of fire-raising . The crime was punishable capitally by old See also:

• CONSUETUDINARY (Med. Lat. consuetudinarius, from consuetudo, custom)

consuetudinary law, but it is now no longer capital, and may be tried in the See also:

• SHERIFF

sheriff court (50 & 51 Vict . C .

35, S . 56) . Formerly the public prosecutor had the See also:

• PRIVILEGE

privilege of declining to demand capital punishment, and he invariably did so . Wilful fire-raising, which is the most heinous See also:

• FORM (Lat. forma)

form of the crime, requires the raising of fire, without any lawful See also:

• OBJECT

object, but with the deliberate intention of destroying certain premises or things, whether directly by the application of fire thereto, or indirectly by its application to something contained in or forming part of or communicating with them; also the intention to destroy premises or things of a certain description (much as mentioned above); and such premises or things must be the See also:

• PROPERTY

property of another than the accused . Wicked, culpable and reckless fire-raising differs from wilful fire-raising in that the fire is raised without the deliberate intention of destroying premises or things, but while the accused was engaged in some unlawful act, or while he was in such a See also:

• STATE
• STATE, GREAT OFFICERS OF

state of See also:

• PASSION (post-classical Lat. passio, formed from pati, passus, to suffer, endure)

passion, excitement or recklessness as not to care what results might follow from his acts . See also:

• UNITED

United States.—The same See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general principles apply to this crime in See also:

• AMERICAN

American law . In some states by See also:

• STATUTE

statute the intent to injure or defraud must be shown, e.g. when the property is insured . In New See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York one who wilfully See also:

• BURNS, JOHN (1858– )
• BURNS, ROBERT (1759-1796)
• BURNS, SIR GEORGE

burns property (including a vessel or its See also:

• CARGO (Span. for " loading," from Lat. carries, car)

cargo) with intent to defraud or prejudice the insurer thereof, though the offence of arson is not committed, is punishable by imprisonment for not more than five years (N.Y . See also:

• PEN (Lat. penna, a feather, pen)

Pen . See also:

• CODE (Lat. codex)

Code, ss . 575, 578) . There must be an intent to destroy the building (ibid. s .

490; See also:

• CALIFORNIA
• CALIFORNIA, LOWER (Baja California)
• CALIFORNIA, UNIVERSITY OF

California Code, s . 447) . An agreement to commit arson is See also:

• CONSPIRACY (from Lat. conspirare, literally to breathe together, to agree, combine, and especially to form a secret plot)

conspiracy (ibid. s . 171) . Killing a person in committing the crime of arson is See also:

• MURDER

murder in the first degree (ibid. s . 183); this is so in California, even where the crime is merely an attempt to commit arson (Cal . Pen . Code, s . 189) . See also:

• EXPLOSION

Explosion of a house by See also:

• GUNPOWDER

gunpowder or See also:

• DYNAMITE (Gr. S6eaµis, power)

dynamite is arson (See also:

• TEXAS

Texas Pen . Code, See also:

• ART

art . 761), but a See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge of arson by " burning " will not be sustained by See also:

• PROOF (in M. Eng. preove, proeve, preve, &°c., from O. Fr . prueve, proeve, &c., mod. preuve, Late. Lat. proba, probate, to prove, to test the goodness of anything, probus, good)

proof of exploding by dynamite, even though part of the building is burnt by the explosion (Landers v .

State [Tex.], 47 S.W . 1008) .