value of fifty (e) shillings, of the goods and chattels of E. F. in the dwelling-house of E. F. there situate, then and there being found, feloniously did steal, take, and carry away; and him the said E. F. then and there being in the said dwelling-house, did then and there put in bodily fear (f) of his life, against the form of the statute, &c. and against the peace, &c.

103. Indictment for stealing plate out of the chapel belonging to Magdalen College, in Oxford, against the principal and the accessories before the fact (g).

in the night of the same day, with force and arms, at the parish aforesaid, in the city and county aforesaid, a certain chapel and mansion-house of God, there situate, called Magdalen College Chapel, feloniously and burg

The word robbing implies a breaking. East. P. C. 636. 1 Hale, 548. Kel. 68. 69; but under this branch of the statute, it is not necessary to allege a robbery in technical words, that is, with violence from the person; but it is sufficient to oust the offender to allege a breaking of the house and taking goods there, such a person being therein. 1 Hale, 522. 2 Hale, 354. 2 Haw. c. 33. s. 93. The breaking must be such as would amount to a burglary, if committed in the night-time. 1 Hale, 523. 526. 2 Hale, 355. 357, 8. Fost. 108. And the same rule seems to prevail, as to what shall be deemed a dwelling-house. East. P. C. 637.

lariously did break and enter, and one pair of silver candlesticks gilt with gold, of the value of seven pounds; one pair of metal candlesticks gilt with gold, of the value of three pounds; and one communion silver dish gilt with gold, of the value of fifteen pounds, of the goods and chattels of the president and scholars of Saint Mary Magdalen college, in the university of Oxford, in the said chapel and mansion-house then and there being found, feloniously and burglariously did steal, take, and carry away, against the peace of our said lord the king, his crown and dignity: and the jurors aforesaid, upon their oath aforesaid, do further present, that T. G. late of the parish aforesaid, in the city and county aforesaid, labourer, and W. M. late of the same, labourer, before the committing of the said felony and burglary in manner and form aforesaid, to wit, on the said twenty-fourth day of February, in the year aforesaid, with force and arms, at the parish aforesaid, in the city and county aforesaid, did feloniously and maliciously incite, move, procure, aid and abet, counsel, hire, and command the said M. W. to do and commit the said felony and burglary in manner and form aforesaid, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity. (Commencement as in pr. 5.) One pair of silver candlesticks gilt with gold, of the value of seven pounds; one pair of metal candlesticks gilt with gold, of the value of three pounds; and one communion silver dish gilt with gold, of the value of fifteen pounds, of the goods and chattels of the said president and scholars of Saint Mary Magdalen College aforesaid, in the same chapel of the same college then and there being found, then and there feloniously and sacrilegiously did steal, take, and carry away, against the form, &c. and against the peace, &c.; and the jurors aforesaid, upon their oath aforesaid, do further present, That, (charging T. G. and W. M. as accessories before the fact to the felony and sacrilege.) (3rd count, commencement as in pr. 5.) about the hour of one in the night of the same day, with force and arms, at Magdalen-college, in the city and county aforesaid, certain chapel and mansion-house of God, there situate, called Magdalen College Chapel, feloniously and burglariously did break and enter, and one pair, &c. (here set out the goods as before,) of the goods and chattels of the president and scholars of Saint Mary Magdalen College

a

aforesaid, in the said chapel and mansion-house then and there being found, feloniously and burglariously did steal, take, and carry away, against the peace of our said lord the king, his crown and dignity: and the jurors aforesaid, &c. charging T. G. and W. M. as accessories before the fact to the felony and burglary. (4th count, commencement as in pr. 5.) at Magdalen College aforesaid, in the city and county aforesaid, one pair, &c. (here set out the goods as before,) of the goods and chattels of the president and scholars of Magdalen College aforesaid, in the same chapel of the same college then and there being found, then and there feloniously and sacrilegiously did steal, take, and carry away, against the form of the statute, &c. and against the peace, &c. and the jurors aforesaid, &c. charging T. G. and W. M. as accessories, before the fact, to the last mentioned felony and sacrilege. (5th count, commencement as in pr. 5.) about the hour of one in the night of the same day, with force and arms, at Magdalen College aforesaid, in the university of Oxford aforesaid, in the county aforesaid, a certain chapel and mansion of God, there situate, called Magdalen College Chapel, feloniously and burglariously did break and enter, and one pair, &c. (here set out the goods as before) of the goods and chattels of the said president and scholars of Magdalen College aforesaid, in the said chapel and mansion-house then and there being found, feloniously and burglariously did steal, take, and carry away, against the peace, &c. and the jurors aforesaid, &c. charging T. G. and W. M. as accessories before the fact, to the last-mentioned felony and burglary. (6th count, commencement as in pr. 5.) at Magdalen college aforesaid, in the university of Oxford aforesaid, in the county aforesaid, one pair, &c. (here set out the goods as before) of the goods and chattels of the said president and scholars of Magdalen College aforesaid, in the same chapel of the same college then and there being found, then and there feloniously and sacrilegiously did steal, take, and carry away, against the form of the statute, &c. and against the peace, &c. And the jurors aforesaid, &c. (charging T. G. and W. M. as accessories before the fact to the last-mentioned felony and sacrilege.)

104. Indictment of felony for sacrilege, in stealing goods out of a church.

(Commencement as in pr. 1.) One silver cup, of the value of six pounds, of the goods and chattels of the parishioners of the said parish (in the custody of W. T. and D. E. then churchwardens of the same parish), in the church of the parish aforesaid then and there being found, then and there feloniously and sacrilegiously did steal, take, and carry away, against the form of the statute, &c. (h) and against the peace, &c.

105. Indictment for stealing from the person.

(Commencement as in pr. 87 to the *.) Of the goods and chattels of E. F. from the person of the said E. F. then and there feloniously did steal, take, and carry away, against the form, &c. and against the peace, &c. (i).

106. Indictment of felony for robbery from the person.

(Commencement as in pr. 1.) In the king's highway (k) there, in and upon one E. F. there being, (l) feloniously did make an assault, and him the said E. F. in bodily fear (m) and danger of his life, in the highway aforesaid, then and there feloniously did put, and one gold watch, of the value of eighteen pounds (insert all the gods taken) of the goods and chattels of the said E. F. from the person (m), and against the will (m), of the said E. F. in the highway aforesaid, then and there feloniously and (m) violently did s.eal, take, and carry away, against the peace, &c.

imprisoned and kept to hard labour in the common gaolhouse of correction or penitentiary house for any term not exceeding three years.

By the first section of this act, the stat. 8 Eliz. c. 4. which takes away the benefit of clergy, in case of stealing privately from the person, is repealed.

(k) Benefit of clergy is taken away from those who shall rob any person, or shall comfort, aid, abet, assist, counsel, hire, or command, any person or persons to commit such offence. By the stat. 3 W. & M. c. 9. s. 1. and since the statute is general, and is not confined to a robbery in or near the high way as the stat. 1 E. 6. c. 12. is, it seems better to omit any special description of the place, though a variance from it would not be fatal. See Wardle's case, East. P. C. 785. R. v. Summers, ib. Darnford and Newton, ib. and see p. 176.

R. v.

() It is essential to aver, that the assault was feloniously made, see p. 85.

(m) It is essential to aver, that the property was taken with violence from the person, and against the will of the party. Fost. 128. 1 Hale, 534. Leach, 229. The allegation that the party was put in fear is of modern introduction: and in Donally's case, Leach, 229. it was observed by the judges, that no technical description was necessary, provided it ap peared on the whole, that the offence had been committed with violence, and against the will of the party. And in Smith's case, East. P. C. 783. the the prisoner was charged with assaulting the prosecutor with force and arms, and putting him in corporal fear, and taking a sum of money from his person, against his will; it was objected, that the taking ought to have been alleged to have been done violently, but all the judges agreed, that a robbery was sufficiently described, and that Lord Hale (1 Hale, 534.) was inaccurate in his expression.

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