case holme case the offence of arson may be commit by wilful set fire to one  own house provide the house of another be thereby burn but if no mischief be  do to the house of another it be not felony though the fire be kindle with  that intent in arson the name of the person who house be burn must be state  case in crown law d edit the wilful set fire to a man own house in a town be a  high misdemeanour and punishable by fine imprisonment pillory and perpetual  surety for good behaviour on a special verdict for arson if it be find no  felony yet the party may be fine for the trespass say vide cro James Kely and  hale p c where Lord hale doubt the propriety of this point of the case because  be try for felony the prisoner have not those advantage for his defence as if  he be indict only for trespass and see hawk p c stram and case in crown law d  edit William Holmes be indict in London for that be in April car be possess of  a house in London in Throgmorton street in such a ware for six year remainder  to John S for three year the reversion to the corporation of haberdasher in  croak car fee he vie et arms April car the say house felon voluntary et  wickedly fiery to burn up she intention ad the same house mansionalem nec non  to visit alias house mansionales to visit ligeoru domini king adtunc et idem  situate et existent ad dictum house mansionalem speech William Holmes contigue  adjacent adtunc et ibidem felon voluntary et wickedly altogether to burn up et  fiery consumend contra peace upon his be arraign at Newgate he be find guilty  but before judgement this indictment be remove by certiorari into this court  it be argue at the bar by Grimston that it be not felony and now this term at  the bench and by Richardson chief justice Jones and Berkley it be hold that it  be not felony to burn a house whereof he be in possession by virtue of a lease  for year for they say that burn of house be not felony unless that they be  aedes of another and therefore Britton a Bracton b and the book assize c  mention that it be felony to burn the house of another and Edward pl Henry pl  Henry pl and poulter case d which say that burn of house general be felony be  to be intend de temple another et non not common with others and although the  indictment be she intention ad comburend felon voluntary et wickedly the house  of diverse other contigue adjacent areas yet intent only without fact be not  felony also Berkley and Jones justice hold that it can be say to be way et  arms when it be in his own possession Jones justice also say that be can not  be well indict of felony because none of their name be mention who be the  owner of the house adjoin but to that objection Berkley and Richardson agree  not a p b p c assize pl d   croak car er p but I argue that the burn in the  indictment mention be felony because it be capital sin felleo mind to carry  through which be the definition of felony in   light a also by the rule in  Bracton quod incendium badly et ob unfriendliness factum of to head pna to  punish si yes sit incendium accidentally well per heedlessness et non mala  knowledge non such to punish send versus the dawn criminalite to put in motion  and it can be say to be by negligence in another house wherefore it be to be  intend in his own house also this burn be find to be wickedly so it be mala  knowledge et badly factum also this burn of his house in a street of the city  adjoin to the house of other be to the endanger of the city and therefore  ought to be construe to be felony but so peradventure be not the burn of his  house in the field and whereas it be say that the intention can make a felony  it be answer that the intention here be couple with a act of burn and with the  intendment of a act which be felony as Henry pl Henry pl Edward pl where a man  deliver good to one and afterward he that deliver they private steal they to  the intent to charge he it be felony and whereas it be object that be his own  possession it can be say way et arms I answer that way et arms be well enough  where there be a malfeasance as it be in a action upon croak car the case   b  also every indictment be way et arms et contra peace where all act be do  against the commonwealth so it be where a servant run away with good commit to  his trust above forty shilling although proper it can be say to be way et arms  because they be in his custody and in this case the ill consequence which may  have fall out by this act make the offence the great and the yearbooks in  Edward pl Henry pl Henry pl and Stanford     a put the case of burn of house  general and not of the burn of other man house and it be a equal mischief in a  commonwealth to burn his own in a city or will as to burn the house of other  for the danger which may ensue but the other three justice resolve ut above  that it be not felony wherefore he be discharge thereof but because it be a  exorbitant offence and find they order that he shall be find l to the king and  imprison during the king pleasure and shall stand upon the pillory with a  paper upon his head signify the offence at Westminster and at Cheapside upon  the marketday and in the place where he commit the offence and shall be bind  with good surety to his good behaviour during life