case OF appeal and INDICTMENS c coke Report39b vaux v brook hill Elizabeth in  the king bench in a appeal of burglary felon et burgaliter to break in pieces  c be hold bad after verdict and the judgement be arrest if the declaration in  such appeal have be sufficient the conviction will have be a bar to a  indictment for the same offence if a man and his whole family be out of his  mansion house for part of the night burglary may be commit during their  absence if a man have two house and reside sometime in one and sometime in the  other and have a family or servant in both burglary may be commit in either  during their absence S a Leon Richard Vaux bring appeal of burglary against  Thomas brook and count that the defendant house mansionalem pillage richardi  Vaux felon et burgaliter to break in pieces a the defendant plead not guilty  and by a jury of the county of buck which appear this term at the bar he be  convict of the felony and burglary aforesaid and the defendant counsel move in  arrest of judgement that the count be insufficient because the say word  burgaliter be of no signification but the count ought to be g   light b a f n  b e Plowd a   b to light b c go light b d go light b e b Br indictm Cr James  coke report a er p burglariter or burgulariter and the offence be call  burglary or burgulari and not burgalry for there want a l between g and a and  in the latter syllable l be insert in lieu of r and burglariter a be vox arm  as felon murdravit b to seize and carry off c excambium d warrantizare e  frankalmoign f frankmarriage and several other which can be express by any  periphrasis or circumlocution and this word burglary be derive from these two  word burgh and laron and therefore burglary or burgulari be sufficient but not  burgalry for that want sense and man precedent warrant burgulariter to be good  but none be find to warrant burgaliter and upon this exception curian advisare  will till next term and in the mean time the plaintiff die and that be strew  to the court by the defendant counsel as friend curiae and make manifest by  sufficient testimony and thereupon the court move that forasmuch as for this  felony and burglary he be once convict at the suit of the party he can never  be charge with the same offence at the suit of the king that he may be thereof  discharge and upon that the court take advice and it be resolve that if the  count have coke Report40a be sufficient then be convict at the suit of the  party he shall not be again impeach at the suit of the king but it be resolve  that the count be insufficient and thereupon he be discharge and in this ease  upon the evidence Wray chief justice say that if a man have a mansion house  and he and his whole family upon some accident be part of the night a out of  the house and in the mean time one come and break the house to commit felony  that this be burglary for though neither the owner nor any of his family be in  the house yet it be house mansionalis and the word of the appeal or indictment  of burglary be house mansionalem pillage r V to break in pieces c and accord  to this opinion it be resolve hill queen Elizabeth by Popham chief justice and  all the justice that where a man have b two house and dwell sometime in the  one and sometime in the other and have a family or servant in both and in the  night when his servant be out of the house the house be break by thief that  this be burglary for the say reason which Wray chief justice give