SACRILEGE. The robbery of churches was in Roman law punishable with death. There are early instances of persons having suffered death for this offence in Scotland. In England at common law benefit of clergy was denied to robbers of churches. The tendency of the later law has been to put the offence of sacrilege in the same position as if the offence had not been committed in a sacred building.
Thus breaking into a place of worship at night, says Lord Coke, is burglary, for the church is the mansionhouse of Almighty God. The Larceny Act of 1861 punishes the breaking into or out of a place of divine worship in the same way as burglary, and the theft of things sacred in the same way as larceny. The breaking or defacing of an altar, crucifix, or cross in any church, chapel, or churchyard is an offence punishable with three months’ imprisonment on conviction before two justices, the imprisonment to be continued unless the offender enter into surety for good behaviour at quarter sessions (1 Mary, sess. 2, c. 3).
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