BUR 
break into a house in the ni^ht time, tliey 
also protect and avenge him, in case the as- 
sailant should be too poweiful. Such re- 
gard, indeed, has the law of England to the 
immunity of a man’s house, that it stiles it 
his castle, and will never suffer it to be 
violated with impunity ; for this reason no 
outward doors can in general be broken 
open to execute any civil process ; though, 
in criminal cases, the public safety super- 
sedes the private. Hence, also, in part, 
arises the animadversion of the law upon 
eaves-droppers, nuisancers, and incendiaries ; 
and to this principle it must be assigned, 
tliat a man may assemble people together 
lawfully (at least if they do not exceed ele- 
ven) without danger of raising a riot, rout, 
or unlawful assembly, in order to protect 
and defend his house ; which he is not per- 
mitted to do in any other case. The defi- 
nition of a burglar, as given by Sir Edwai’d 
Coke, is, “ he that by night breaketh and 
entereth into a mansion-house with intent to 
commit a felony.” In this definition, says 
Judge Blackstone, there are four things to 
be considered; the time, the place, the man- 
ner, and the intent. 1. The time must be 
by night, and not by day ; for in the day- 
time there is no burglary. In considering 
what is reckoned night, the day was an- 
ciently accounted to begin at sun-rising and 
to end immediately upon sun-set : but the 
better opinion seems to be, that if there be 
daylight or twilight sufficient begun or left 
for discerning a man’s face, it is no burglary. 
But this does not extend to moon-light: 
for then many midnight burglaries would 
go unpunished ; and besides, the malignity 
of the offence does not so properly arise 
from its being done in the dark, as at the 
dead of night; when the whole creation, 
except beasts of prey, is at rest ; when 
sleep has disarmed the owner, and rendered 
his castle defenceless. 2. As to the place. 
It must be by the definition a mansion- 
house ; and, therefore, in order to account 
for the reason why breaking open a church 
is burglary, as it undoubtedly is. Sir Edward 
Coke quaintly observes, that it is “ donnis 
mansionalis Dei.” But it is not necessary 
that it should in all cases be a mansion- 
house ; for it may be committed by break- 
ing the gates or walls of a town in the night. 
3. As to the manner of committing burgla- 
ry ; there must be both a breaking and an 
entry to complete this offence. But they 
need not be done at once : for, if a hole be 
broken one night, and the same breakers 
«nter the next night through the same, theV 
BUR 
are burglars. There must in general be an 
actual breaking, so that it may be regarded 
as a substantial and forcible irruption. Such 
are breaking, or taking out the glass of, or 
otherwise opening a window', and taking 
out goods ; picking a lock, or opening it 
with a key ; and lifting up the latch of a 
door, or loosing any other fastenings which 
the owner has provided. But if a person 
leaves his doors or windows of his house 
open, and a man enters by them, or with a 
hook or by any other means draws out some 
of the goods of the owner, it is no burgla- 
ry ; but if, having entered, he afterwards 
unlocks an inner or chamber door; or if he 
comes down a chimney, he is deemed a 
burglar. If a person enters by the open 
door of a house, and breaks open a chest 
and steals goods, this is no burglary by the 
common law, because the chest is no part 
of the house. 4. As to the intent ; it is 
clear, that such breaking and entry must be 
with a felonious intent, otherwise it is only a 
trespass. And it is the same, w'hether such 
intention be actually carried into execu- 
tion, or only demonstrated by some at- 
tempt or overt act, of which the jury is to 
judge. 
BURGOMASTER, the chief magistrate 
of the great towns in Flanders, Holland, and 
Germany. The power and jurisdiction of 
the burgomaster is not the same in all 
places, every town having its particular 
customs and regulations: at Amsterdam 
there are four chosen by the voices of all 
those people in the senate, who have either 
been burgomasters or echevins. Their au- 
thority resembles that of the lord-mayor 
and aldermen ; they dispose of all under of- 
fices that fall in their time, keep the key of 
the bank, and enjoy a salary but of 500 
guilders, all feasts, public entertainments, 
&c. being defrayed out of the common 
treasury. 
BURGUNDY pitch, in medicine, the 
juice of the pinus abies, boiled in water, 
and strained through a linen cloth. It is 
chiefly employed for external purposes 
in inveterate coughs, &c. Plasters of this 
resin, by acting as topical stimulants, are fre- 
quently found of considerable service. 
BURIAL, the interment of a deceased 
person. The rites ofburial make the greatest 
and most necessary care, being looked upon 
in all countries, and at all times, as a debt 
so sacred, that such as neglected to dis- 
charge it were thought aecursed : hence tlie 
Romans called them jasta, and the Greeks 
voyiya, iivjiia, ovia, ^rc, words implying the 
