J* U H 





li U R 



S. With regard to the mti" :r.mittinp bur- 



glary, there miv.t lit- both a In .ik.mg and ail entry 

 ID comph -tc I ', lint it i >ary that 



thi-y should both take place at the iai; 

 a breach hi- made one night, and the t,ume breakers 

 enter through it the next night, they are burj 

 In general, there must be an actual, and not merely 

 an ideal breaking ; such, at least, as breaking or ta- 

 king out the glass, or otherwise opening a window ; 

 picking a lock, or opening it with a key ; lifting up 

 the latch, or unloosing any other fastenings of a door. 

 But if doors or windows are negligently left or*-!!, 

 and a man enters, it is no burglary, unless he afu r- 

 warda unlocks an inner or chamber door. To come 

 down a chimney is held to be a burglarious entry. 

 If a man enters by an open door, and breaks a~en a 

 chest, it is no burglary ; but it is so, if he breaks 

 open a cupboard or other fixture. If a person knocks 

 at a door, and upon its being opened, rushes in, with 

 a felonious intent ; or, under pretence of taking lod- 

 gings, falls upon the landlord and robs him ; or pro- 

 cures a constable to gain admittance, in order to 

 search for traitors, and then binds the constable and 

 robs the house : all these are deemed burglarious en- 

 tries, although there be no actual breaking. So, like- 

 wise, if a servant opens and enters his master's cham- 

 ber-door with a felonious design ; or if a person lod- 

 ging in the same house or inn, opens and enters ano- 

 ther's door with an evil intent. If a servant conspires 

 with a robber, and lets him into his master's house 

 by night, both are implicated in the crime. The 

 least degree of entry with any part of the body is 

 sufficient to constitute a burglary ; such as stepping 

 over the threshold, putting a hand or a hook in at a 

 window to draw out goods, or a pistol to demand 

 one's money. The entry may be before the break- 

 ing as well as after it ; for by statute 12 Ann. c. 7. 

 if a person enters the dwelling-house of another, by 

 day or night, without breaking in, with intent to 

 commit felony, or being in the house, shall commit 

 felony and then break out by night ; this is declared 

 to be burglary. When several persons come toge- 

 ther, with a design to commit burglary, and one does 

 it, while the others watch near the house, the act of 

 one is considered as the act of all. 



4. The breaking and entering must be made with 

 a felonious intent, otherwise the offence amounts only 

 to a trespass. It is the same thing, however, whe- 

 ther the intention be actually carried into execution, 

 or only demonstrated by some overt act. 



Burglary is a felony at common law, but within 

 the benefit of clergy. By the statutes 1 Edw. VI. 

 c. 12. and 18 Eliz. c. 7. however, clergy is taken 

 away from the principals ; and by 3 and 4 William 

 and Mary c. 9. from all accessaries before the fact. 

 By the statute 10 and 11 William III. c. '2'J. any per- 

 son who shall convict a burglar shall be exempted 

 from parish and ward offices where the offence was 

 committed. To this exemption a reward of 40 is 

 sup radded by the statutes 5 Ann. c. 31. and C Geo. 

 I. c. 1 23. If an accomplice, being out of prison, shall 

 convict two or more offenders, he is entitled to a par- 

 don of the felonies enumerated in the act. And by 

 the statutes '25 Geo. 1 1. c. 3(>., 27 Geo. II. c. 3., and 

 18 Geo. III. c. 19., the charges of prosecuting and 



convicting a burglar shall be paid bjr t!t treasurer of 

 the the burglary was commit te. 



r and poor witnesses Tin- tutule 

 tt, that any person who ahill 



be apprehended, having < any pick lock key, 



&c. or othrr implement, ml f to commit a 



, shall be deemed a rogue an* a vagabond with- 

 in the fitatutc 17 C And by the si- 



o. III. c. 48. the buyers and receiver* of jeweU, 

 gold, or silver plate, carried off in a burglary, may 

 be tried and transported for fourteen years* bf 

 the conviction of the principal. Blackit. Comv, . 

 B. iv. ch. 1' 



BURGOS, a city of Spam, and capital of Old 

 Castile, is situated on the declivity of a bill, on the 

 right bank of the river Arlan/.on, whose stream flows 

 close to its walls. It is supposed by some writers to be 

 the Braum or Bravu-n of Ptolemy, but others refer 

 its origin to the site of another city called Aur. , 

 late as the ninth or tenth century. It is a large 

 regular town, presenting the figure of a cross, sur- 

 rounded by high walls, and was formerly protected 

 by a castle of considerable strength, erected on the 

 brow of the adjacent hill, of which some vestiges 

 still remain. The streets are narrow, crooked, and 

 badly arranged ; and of its numerous squares, one 

 only is deserving of notice. It stands in the mid- 

 dle of the city, and is surrounded by a piazza, sup- 

 ported by lofty pillars, over which are some toler- 

 ably handsome houses. The principal approach to 

 the city is by the gate of Santa Maria, which opens 

 on one of the bridges over the Arlair/.on. This gate 

 was built to commemorate the founders of the Cas- 

 tilian monarchy, and the illustrious men who had 

 contributed to its honour and aggrandisement, with 

 wiiose statues it is still adorned. Among these are 

 Fernando Gonzalez, Charles I., the Cid, and Di- 

 ego Porcel. The suburbs of Burgos, which are cal- 

 led De Bega, lie on the opposite side of the r: 

 which is crossed by three free-stone bridges. Here 

 is a beautiful promenade, enlivened by the intermix- 

 ture of delightful gardens, which are constantly re- 

 freshed with fountains of water. Among the pub- 

 lic buildings are the hotel de Ville, the palace of 

 Velasco, and the triumphal arch erected in honour 

 of Fernando Gonzalez, first count of Castile. The 

 cathedral church is one of the finest and best pre- 

 served specimens of Gothic architecture in Spain. 

 It was built about the beginning of the 13th centu- 

 ry, by Ferdinand III., but was not completely fi- 

 nished till some centuries after. This church is em- 

 bellished with towers, columns, statues, and other 

 ornaments, which . :ed with exquisite deli- 



cacy and neatness, and contains eight chapel:-, 

 which divine worship is regularly performed, and 

 which are adorned with some beautiful paintings by 

 Raphael and Michael Angelo Buonarotti. The 

 church of St Paul's is also a noble Gothic structure, 

 with an altar of the Corinthian order; and the 

 convent of the Augustines, uhich stands in the 

 suburbs, is famous for its chapel of the holy cru- 

 cifix, which is enriched with the collective tri- 

 bute of kings, nobles, and private individuals.. Ac- 

 cording to tradition, this crucifix was constructed 

 by Nicodemus, and possesses miraculous powers. 



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