entering the mansion house of another in the night time with an intent
of committing a felony therein, whether that intention be executed or
not. Here, from the best opinions, is to be understood such a degree of
darkness as hinders a man's countenance from being discerned. The
breaking and entering are points essential to be proved in order to make
any fact burglary; the place in which it is committed must be a dwelling
house, and the breaking and entering such a dwelling house must be an
intent of committing felony, and not a trespass; and this much I think
is sufficient to define the nature of this crime, which notwithstanding
the many examples which have been made of it, is still too much
practised. As to arson, by which the Law understand maliciously and
voluntarily burning the house of another by night or by day; to make a
man guilty of this it must appear that he did it voluntarily and of
malice aforethought._

_Besides these, there are several other felonies which are made so by
Statute, such as rapes committed on women by force, and against their
will. This offence was anciently punished by putting out the eyes and
cutting off the testicles of the offenders; it was afterwards made a
felony, and by a statute in Queen Elizabeth's reign, excluded from
benefit of clergy. By an Act made in the reign of King Henry the
Seventh, taking any woman (whether maid, wife or widow) having any
substance, or being heir apparent to her ancestors, for the lucre of
such substance, and either to marry or defile the said woman against her
will, then such persons and all those procuring or abetting them in the
said violence, shall be guilty of felony, from which, by another Act in
Queen Elizabeth's reign, benefit of clergy is taken. Also by an Act in
the reign of King James the First, any person marrying, their former
husband or wife being then alive, such persons shall be deemed guilty of
felony, but benefit of clergy is yet allowed for this offence._