BUR 



BUR 



right break out of the fame, this is declared to be burglary, 

 altiiou"h before this aft dilTerent opinions were held con- 

 cerning it ; Lord Bacon (Klem. 65) holdini:; the affirmative, 

 and Sir Matthew Hale (i Hal.'P. C. 554) tiie negative. 

 But it is ur.iverfally agiced, that there nui!l be both a 

 breaking, either in fad or by implication, and alfo an entry, 

 in order to complete the burglary. 



4. As to the ir:tf!it : it is clear, that fuch breaking and 

 entry mull be with a felonious intent, otherwifc it is only a 

 trefpafs. And it is the fame, whether fuch intention Ije 

 aftually carried into execution, or o!ily dcmondrated by 

 fjme attempt or overt aft, of which the jury is to judge. 

 And therefore fuc:h a breach and entry of a houfe as has 

 been before defcribed, by night, with intent to commit u 

 robbery, a murder, a rape, or any other felony, are burg- 

 lary ; whether the crime be aftually perpetrated or not. 

 K.jr does it make any difference, vvlittlier the oflcnce were 

 felony at common law, or only created fuch by Statute. 

 I Hawk. P. C. loj. , 



Burglary, as above defcribed, is a felony at common law, 

 but within tha benefit of clergy. The Statutes, however, 

 of I Edw. VI. c. 12. and 18 Eli/, c. 7. take away clergy 

 from the principals, and ttiat of 3 and 4 W and M. c. 9. 

 from all abettors and accefTarits belore the faft. And, in 

 like manner, the laws of Athens, which punilhed no fimple 

 theft with death, made burglary a capital crime. Pott. 

 Antiq. b. I. c. 26. For encouraging the profecution of 

 offenders, it is enafted by Statute lo and 11 W. 111. c. 

 23, that any perfon who (liall convift a burglar (hall be 

 exempted from pari(h and ward offices, where the offence 

 was committed. To this, the (latutes 5 Ann. c. 31. and 6 

 Geo. I. c. 23. have fuperadded a reward of 4^1. And if 

 an accomplice, being out of prifon, fliall convift two or 

 more offenders, he is entitled to a pardon of the felonies 

 enumerated in the aft. Moreover, the llatutes 2j Geo. II. 

 c. 36, 27 Geo. II. c. 5, and 18 Geo. III. c. 19, provide, 

 that the charges of profecuting and convifting a burglar 

 (liall be paid by the treafurer of the county where the burg- 

 lary was committed, to the profecutor and poor witnefl'es. 

 The Statute 10 Geo. III. c. 48, provides, for preventing 

 the frequent commiffion of bnrglarie?, that buyers or re- 

 ceivers of ilolen jewels, gold, or filver plate, where the 

 ftealing fh:dl have been accompanied by burglary (or rob- 

 bery), may be tried and tranfported for 14 years, before the 

 conviftion of the principal. And the Statute 23 Geo. III. 

 c. SS. enafts, that any perfon apprehended, having upon 

 him any pick-lock key, &c. or other implement, with in- 

 tent to commit a burglary, Ihall be deemed a rogue and a 

 vagabond, within Statute 17 Geo. II. c. 5. 



BURGLE, an article of diet of univerfal life in the eaft- 

 eru cookery. It confifls of wheat, prepared by lirll foften- 

 ing the grain in hot water, and then breaking and unhulking 

 it by means of a hand-mill ; it is afterwards dried in the fun, 

 and thus preferved for ufe. This food is fometimes, like 

 rice, made into a " pilaw" (which fee) ; but more com- 

 monly, being beat up with minced meat, fuet, and fpicerics, 

 is formed into large balls, and either boiled or fried. RuffcU's 

 Aleppo, v,.l. i. p. 1 17. 



BURGLEN, in Geography, a lordfhip of Swifferland, 

 which had formerly its own counts, afterwards barons, to 

 both of whom it gave title, but purchafed, in 1J79, by the 

 town of St. Gall. To this lordfliip belongs a parochial 

 village and feat of the fame name, once forming a town, 

 but laid in afhes by the Appenzellers and the town of 

 St. Gall. 



BURGO DE O3MA, a fmall town of Spain, in Old 

 Callile, feated on a fmall river that foon after runs into the 



VOL.V, 



Duero, near the town of Ofma ; 40 miles S. E. of 

 Burgos. 



BURGO Sand, lies on the larboard fide of the channel 

 at the eritiaiice into I^ivcrpool, which fee. 



BURGOMASTER 0/ Cncnhml, in Ornithology. Sec 



BuRGE-W;/^C/-. 



BL'RGOO, or Bi'RGouT, a fcafaring difli, made of 

 whole oatmeal, or groats, boiled in water, till they burft ; 

 then mi.xed with butter. It is made in Scotland and in 

 Wales, by mixing oatmeal and water, and boiling it into a 

 moderate coiifiilence. It is a cheap and lliengthe-.iingj 

 diet. 



Burgoo, otherwife called liibloHy, is held by Cockbuni 

 very proper to correft that thicknefsof humours andcollive- 

 ncfs to which the other diet of failors much d:rpore3 

 them. Yet the burgoo viftualhng is the lead liked of all 

 their provifions, becaufe of the fcanty allowance of butter 

 to it. The fame author thinks it might be worth the 

 conjideration of thole to whom the care of the feamen is 

 committed, to contrive to render this food more agreeable to 

 them. 



BURGOS, in Geography, a large old city of Spain, the 

 capital of Old Cailile, and of a province of the fame name, 

 forming a kind of feinicircle round a hill, on which is a 

 calUe, and extending itfelf along the plain to the fmall rapid 

 river of Arlan^on, or Arlai z 1, over which it has a bridge, 

 and along the bank of which is a handfome paved walk. 

 It is the fee of an aiehbiHiop, erefted in 1574. 'Ih.- cily 

 is irregular, moll of its (treets being narrow and crooked, 

 and its houfcs high. It has, however, many fine fquares 

 adorned with fountains and llatues, public buildings, and 

 noblemen's houfes ; and prcfer.ts, at a dillance, by its nume- 

 rous lleeples and edifices, and particularly the epifcopal pa- 

 lace, fituate witliout the town, a pleafing view. Tlie cathe- 

 dral is one of the moll beautiful and bell preferved Gothic 

 llruftures in Spain ; and the cliapel, belonging to the con- 

 vent of the Auguftincs, is magnificent, and famous for its 

 crucilix, to which extraordinary devotion is paid. Bega, 

 one of its fuburbs, has many convents and hofpitals ; and, 

 among others, a very large one for pilgrims. One of the 

 nunneries is faid to contain I i;o nuns, moll of them being of 

 noble extraftion ; and the royal hofpital is richly endowed. 

 This city was built in the 9th or loth century, on the ruins 

 of the ancient Auca. Its fituation, as it is furrounded by 

 mountains, renders the air extremely cold for nine months in 

 the year, and for the other three months very hot. The in- 

 habitants of Burgos are faid to fpeak the bell Caftilian, or 

 purell Spanifh, of any in the kingdom. N. lat. 42° 17'. 

 W. long. 3^42'. 



BURGSTADT, or Burgstadtel, a fmall town of 

 Germany, in the circle of Upper Saxony, and lordfliip of 

 Sehonberg, in which are fome fluff-maniifaftures ; 3 miles 

 E. of Penig. 



BURGSTALL, a town of Germany, in the archduchy 

 of Auilria, feated on the river Erlaph ; 12 miles S. E. of 

 Ips. 



BURGUETTA, or Elburquetta, a town of Spain, 

 in Navarre, fituate in the valley of Ronceval, where the rear- 

 guard of Charlemagne, on his return to Spain, was defeated 

 by the Saracens, and Roland, his nephew, flain, in the year 

 778 : 8 leagues E.N.E. of Pampeluna. 



BURGUI, a town of Spain, in Navarre, feated on the 

 Efca. 



BURGUILLER, a town of Spain in Andalufia, 3 

 leagues from Seville. 



BURGUNDI AN Cross, in Heraldry. Knights of this 



order wcreinftituted on St. Mary Magdalen's day, in ijjj, 



3Z by 



