EUR 
225. No burglary can be committed by breaking into any 
ground inclofed, or booth, or tent, &c. but, by (tat. 5 & 
6 Elis. 6. c. 9, clergy is taken for this offence. 
3. In tlte day-time there is no burglary. As to what is 
reckoned night, and what day, for this purpofe, anciently 
the day was accounted to begin only at fun-riling, and to 
end immediately upon (un-(et; but the. better opinion 
feems to be, that, if there be day-light or cfepujculum 
enough begun or left to difeern a man’s face, it is no bur¬ 
glary. hut tl^is does not extend to moonlight; the ma¬ 
lignity of the offence not fo properly ariftng from its be¬ 
ing done in the dark, as at the dead of night, when deep 
has difarmed the owner, and rendered /his cable defence- 
ids. 4 Comm. 224. 1 Hawk. P.C c.38. 
4. The breaking and entry mud be with a felonious in¬ 
tent, otherwife it is only a trefpafs ; and it is.the fame 
whether Inch intent be actually carried into execution, or 
only demonllrated by fovne attempt, of which the jury is 
to judge. And therefore fuch breaking and entry, with 
intent to commit a robbery, a murder, a rape, or any other 
felony, is*bur.glary. Nordoesit make any difference, whe¬ 
ther the offence were felony at common law, or only crea¬ 
ted fo by batute. 4 Comm. 22-]. 1 Hawk. P. C. c. 38. One 
of the fervants of the bottle opened his lady’s chamber- 
door, which was fadened with a brafs bolt, with debgn to 
commit a rape ; and it was ruled to be burglary, and rite 
defendant was convicted and tranfported, Stran. 1. Ktl. 
67. A fervant embezzled money intruded to his care; 
left ten guineas in his trunk ; quitted his matter’s fervice ; 
returned ; broke and entered the houfe in, the night, and 
took away the ten guineas : this was adjudged no burglary. 
Leach's Hawk. P. C. i. c. 38. 1 Show. 53. 
5. Every man’s houfe is confidered as his cable, as well 
for defence againd injury and .violence, as for repofe. 5 
Co. 92. To violate this feenrity is conlidered of fo atro¬ 
cious a nature, that the alarmed inhabitant, whether he be 
an owner or a mere inmate, is by bat. 24Hen. VIII. c. 5, 
exprefsly permitted to repel the violence by the death of 
the alfailants, without incurring the penalties even of ex- 
cufeable homicide. For a courfe of time, however, the 
life of a burglar was laved by the plea of clergy ; but, as 
the increafe of nation'al opulence furnilhed further temp¬ 
tations, additional terrors became necedary ; therefore by 
ftatute 1S Ehz. c. 7, clergy is taken away from the offence; 
and by flat. 3 & 4 Will, and Mary, c. 9, frbnrt acceffuries 
before the fait. And, bill further to encourage the pro- 
fecution of offenders, it is enabled by bat. io&.ii Wil¬ 
liam III. c. 23, that whoever (hall convict a burglar, (hall 
be exempted from parifh and.ward offices,where the of¬ 
fence wms committed, 'fo this, bats. 5 Anne, c. 31, and 
6 Geo. 1 . c. 23, have fuperadded a reward of 40). And 
if an accomplice, being out ol prilon, (hall conviCt two 
or more offenders, he is entitled alfp to a pardon of the 
felonies its enumerated in the ait. The charges* of pro- 
fectttmg and convicting a burglar, (hail be paid by the 
treasurer of the county where the burglary was commit¬ 
ted, to the pro fee qtor and witnelles. To remove one in- 
duceritem to the frequent connnillion of burglaries, bat. 
10 Geo. III. c. 48, provides that buyers or receivers of 
ftolen jewels, gold, or lilver plate, where the Healing lhall 
have been accompanied by burglary or robbery, may be 
tried and tranfported for fourteen year, before the convic¬ 
tion of the principal. And, to check this offence in .its 
progrefs, bat. 23 Geo. Ilf. c. 88, enacts, that any perfon 
apprehended, having upon him any pick-lock key, &c. or 
other implement, with intent to commit a burglary, lhall 
be deemed a rogue and vagabond, within bat. 17. Geo. II.. 
C. 5. 
BUR'GO D’OSMA, a town of Spain, in Old Cabile, 
on a fmall river that runs into the Duero, near the town 
of Ofma, which is the fee of a bibiop ; but the cathedral 
and epifcopal palace are lituated in Burgo d’Ofma. It is 
furrounded with walls, contains about 200 families, and 
is fortv.niiles fouth-eaft of Burgos, and twenty-three weft 
©{ Sofia, 
BUR 5 r 9 
BUR'GO.VTASTER, Burg^ermaster, Bovrgf.r- 
MESter', or Burgmester, the chief magiftrate of the 
great tovyns m Flanders, Holland, and Germany. The 
power and jnrifdiCtion of the burgomalter is not the fame 
in all places, every town having its particular cuftorns and 
regulations: at Amllerdam there are four cl\ofen by the 
voices of,all thole people in the fenate who have either 
been btirgomafters or echevins. They difpofe of all fub- 
ordinate offices, keep the key of the bank, and enjoy a 
falary of 50^ guilders; all fe.tbs, public entertainments, 
&c. being defrayed out of the, common treafnry. Tlte 
title is formed from the two Flemilh words, borger , burge/s 
or citizen 1 and mejier , majler. Someexprefs it in Latin by' 
confiil, others by fenator. Mr. Brenau obferves, that 
burgherniafter in Holland, anfw.ers to what is called aider- 
man and j/n iff in England, attorney at Compei'gne, capitcul 
at Tholoufe, covful at Languedoc, &o. 
BURGOO', or Burgout, / a fea-faring dilh, made 
of whole oatmeal, or groats, boiled in water till they burft ; 
then mixed with butter. It is a cheap and (Lengthening 
diet. Burgoo, otherwife called loblolly, is held by Cock- 
burn very proper to correct that vifeidity of humours and 
cobivenefs to which the other diet of labors fo much dif- 
pofes them. 
BUR'GOS, a city of Spain, the capital of Old Caftile, 
with an archbilhop’s fee, erected in 1374. It is feat.ed on 
the declivity of a hill, on the top of which there is a llrong 
Cable, and the lower part of the town is watered by the 
river Alanyon. The principal"avenue to the city is by a 
handfome bridge over this river, whichjeads to a beauti¬ 
ful gate, adorned with the bat'ues o-f feveral kings of 
Spain. The town is large and populous ; but, except the 
fquare, the houfes are ill built, and the llreets narrow. 
The cathedral is a maber-piece of Gothic architecture, 
and.one of the fineb in Spain. The churcfh of the An- 
gubines is remarkable for its beautiful and rich chapel of 
the holy crucifix. There are feveral fine convents and 
nunneries; one of which lab contains 156 nuns, who mud 
all be of noble extradition. They have likewife a royal 
hofpital, very richly endowed ; and at this place they are 
(aid to fpeak the belt Cabilian, that is, the pureft Spanilh: 
in the kingdom. It is 142 miles north of Toledo, and ir2 
north of Madrid. Lat. 40. 17. N. Ion. 13. 10. E. Peak 
of Tgneriffe. 
BURGOYN'E (John), a colonel in the army, M. P. for 
Prebon, and privy counlellor of Ireland, was the author 
of fome dramatic pieces, acted with great applaufe at the 
theatres; the molt famous or which are the Heirefs, Maid 
of the Oaks, and Bon Ton ; belides a number of prologues, 
and epilogues. Fie is laid to have been a natural- Ion of 
lord Biugley. He died the 4th of Auguh, 1792,. and on 
the 13th was interred in the cloibers in Weft minder-abbey 
in a private manner. In the army, he always fupported 
the character of a brave and able commander, notwith- 
ftanding the bad fuccefs of his Canadian expedition, and 
the furrender of his troops to the Americans at Saratoga,. 
BURG'STADT, a town of Germany, in the circle of 
Upper Saxony, and lordflvip of Schonberg : three miles 
ealt of Penig. 
BURG'STAL, a town of Germany, in the archduchy 
of Aubria, twelve miles fouth-eab ol Ips. 
RURG'STORF, a town of Germany, in the circle of 
Lower Saxony, and. bift.opric of Hil.defheim: two miles 
north of Sc blade n. 
BURGUET'TA, or E i-.b ur quetta, a town of Spain,, 
in Navarre, in the valley of Ronceval, where the rear¬ 
guard of Charlemagne, on his return to Spain, was de-- 
ifeated by the Saracens, and Roland his nephew bain, in. 
the year 778. It is five leagues fouth of S.t. John Pie de 
Port, and eight eaft-north-eaft of Pampeluna. 
BURGU'l, a town of Spain, in Navarre, fituated on the 
Efca, in the vally of Roncal, 
BURGU 1 L'LER, a town of Spain, in Andalufw.,three 
leagues from -Seville. 
BURGUNDIO'NES, a part or branch of the VindiB- 
03 T 
