220 PUBLIC BOOK IV.
CHAPTER THE SIXTEENTH.
OF OFFENCES AGAINST THE HABITATIONS OF
INDIVIDUALS.
TH E only two offences, that more immediately affeft the habitations of individuals or private fubjefts, are thofe of arfon and burglary.
I. ARSON, ab ardendo, is the malicious and wilful burning of the houfe or outhoufes of another man. This is an offence of very great malignity, and much more pernicious to the public than iimple theft : becaufe, firft, it is an offence againft that right, of habitation, which is acquired by the law of nature as well as by the laws of fociety j next, becaufe of the terror and confufion that neceffarily attends it ; and, laftly, becaufe in fimple theft the thing flolen only changes it's mafter, but ftill remains in ejje for the benefit of the public, whereas by burning the very fubftance is abfolutely deftroyed. It is alfo frequently more deftruftive than murder itfelf, of which too it is often the caufe : fince murder, atrocious as it is, feldom extends beyond the felonious act defigned ; whereas fire too frequently involves in the common calamity perfons unknown to the incendiary, and not intended to be hurt by him, and friends as well as enemies.
For
