Talk:High misdemeanor

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A better description needed[edit]

I was confused with the phrase "firing of one's house in a town". At first I thought that it was a typo, and possibly was supposed to be firing of one's [gun] in a town" or something similar. It took a little digging to find Blankstone's whole text:

1. Not only the bare dwelling house, but all out-houses that are parcel thereof, though not contiguous thereto, nor under the same roof, as barns and stables, may be the subject of arson b. And this by the common law: which also accounted it felony to burn a single barn in the field, if filled with hay or. corn, though not parcel of the dwelling house c. The burning of a stack of corn was antiently likewise accounted arson d. And indeed all the niceties and distinctions which we meet with in our books, concerning what shall, or shall not, amount to arson, seem now to be taken away by a variety of statutes; which will be mentioned in the next chapter, and have made the punishment of wilful burning equally extensive as the mischief. The offence of arson (strictly so called) may be committed by wilfully setting fire to one's own house, provided one's neighbour's house is thereby also burnt; but if no mischief is done but to one's own, it does not amount to felony, though the fire was kindled with intent to burn another's e. For by the common law no intention to commit a felony amounts to the same crime: though it does, in some cases, by particular statutes. However such wilful firing one's own house, in a town, is a high misdemesnor, and punishable by fine, imprisonment, pillory, and perpetual sureties for the good behaviour f *. And if a landlord or reversioner sets fire to his own house, of which another is in possession under a lease from himself or from those whose estate he hath, it shall be accounted arson; for, during the lease, the house is the property of the tenant g †.
b 1 Hal. P. C. 567. c 3 Inst. 69.
d 1 Hawk. P. C. 105. c Cro. Car. 377. 1 Jon. 351.
f 1 Hal. P. C. 568. 1 Hawk. P. C. 106. g Fost. 115.

An attempt or preparation to set fire to one's own house in a town, though the fire is never kindled, is a misdemesnor... Christian.

† And it has been expressly determined, that if a tenant set fire to the house of his landlord, he is not guilty of arson. Breeme's Case, Leach, 195. 209... Christian. [1]

So what it is refering to is setting fire to one's own house in a town. ^Blank ^Verse 09:46, 17 December 2006 (UTC) Bold text[reply]