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 thought so well of this work that, alluding to his own Journey to the Western Islands of Scotland, he said, “I had that clever dog Burney’s Musical Tour in my eye.” In July 1772 Burney again visited the continent, to collect further materials, and, after his return to London, published his tour under the title of The Present State of Music in Germany, the Netherlands and United Provinces (1773). In 1773 he was chosen a fellow of the Royal Society. In 1776 appeared the first volume (in 4to) of his long-projected History of Music. In 1782 Burney published his second volume; and in 1789 the third and fourth. Though severely criticized by Forkel in Germany and by the Spanish ex-Jesuit, Requeno, who, in his Italian work  Saggi sul Ristabilimento dell’ Arte Armonica de’ Greci e Romani Cantori (Parma, 1798), attacks Burney’s account of the ancient Greek music, and calls him lo scompigliato Burney, the History of Music was generally recognized as possessing great merit. The least satisfactory volume is the fourth, the treatment of Handel and Bach being quite inadequate. Burney’s first tour was translated into German by Ebeling, and printed at Hamburg in 1772; and his second tour, translated into German by Bode, was published at Hamburg in 1773. A Dutch translation of his second tour, with notes by J. W. Lustig, organist at Groningen, was published there in 1786. The Dissertation on the Music of the Ancients, in the first volume of Burney’s History, was translated into German by J. J. Eschenburg, and printed at Leipzig, 1781. Burney derived much aid from the first two volumes of Padre Martini’s very learned Storia della Musica (Bologna, 1757–1770). One cannot but admire his persevering industry, and his sacrifices of time, money and personal comfort, in collecting and preparing materials for his History, and few will be disposed to condemn severely errors and oversights in a work of such extent and difficulty.

In 1774 he had written A Plan for a Music School. In 1779 he wrote for the Royal Society an account of the infant Crotch, whose remarkable musical talent excited so much attention at that time. In 1784 he published, with an Italian title-page, the music annually performed in the pope’s chapel at Rome during Passion Week. In 1785 he published, for the benefit of the Musical Fund, an account of the first commemoration of Handel in Westminster Abbey in the preceding year, with an excellent life of Handel. In 1796 he published Memoirs and Letters of Metastasio. Towards the close of his life Burney was paid £1000 for contributing to Rees’s Cyclopaedia all the musical articles not belonging to the department of natural philosophy and mathematics. In 1783, through the treasury influence of his friend Edmund Burke, he was appointed organist to the chapel of Chelsea Hospital, and he moved his residence from St Martin’s Street, Leicester Square, to live in the hospital for the remainder of his life. He was made a member of the Institute of France, and nominated a correspondent in the class of the fine arts, in the year 1810. From 1806 until his death he enjoyed a pension of £300 granted by Fox. He died at Chelsea College on the 12th of April 1814, and was interred in the burying-ground of the college. A tablet was erected to his memory in Westminster Abbey.

Burney’s portrait was painted by Reynolds, and his bust was cut by Nollekens in 1805. He had a wide circle of acquaintance among the distinguished artists and literary men of his day. At one time he thought of writing a life of his friend Dr Samuel Johnson, but he retired before the crowd of biographers who rushed into that field. His character in private as well as in public life appears to have been very amiable and exemplary. Dr Burney’s eldest son, James, was a distinguished officer in the royal navy, who died a rear-admiral in 1821; his second son was the Rev. Charles Burney, D.D. (1757–1817), a well-known classical scholar, whose splendid collection of rare books, and MSS. was ultimately bought by the nation for the British Museum; and his second daughter was Frances (, q.v.).

BURNHAM BEECHES, a wooded tract of 375 acres in Buckinghamshire, England, acquired in 1879 by the Corporation of the city of London, and preserved for public use. This tract, the remnant of an ancient forest, the more beautiful because of the undulating character of the land, lies west of the road between Slough and Beaconsfield, and 2 m. north of Burnham Beeches station on the Great Western railway. The poet Thomas Gray, who stayed frequently at Stoke Poges in the vicinity, is enthusiastic concerning the beauty of the Beeches in a letter to Horace Walpole in 1737. Near the township of Burnham are slight Early English remains of an abbey founded in 1265. Burnham is an urban district with a population (1901) of 3245.

BURNHAM-ON-CROUCH, an urban district in the south-eastern parliamentary division of Essex, England, 43 m. E. by N. from London on a branch of the Great Eastern railway. Pop. (1901) 2919. The church of St Mary is principally late Perpendicular, a good example; it has Decorated portions and a Norman font. There are extensive oyster beds in the Crouch estuary. Burnham lies 6 m. from the North Sea; below it the Crouch is joined on the south side by the Roch, which branches into numerous creeks, and, together with the main estuary, forms Foulness, Wallasea, Potton and other low, flat islands, embanked and protected from incursions of the sea. Burnham is in some repute as a watering-place, and is a favourite yachting station. There is considerable trade in corn and coal, and boat-building is carried on.

BURNING TO DEATH. As a legal punishment for various crimes burning alive was formerly very wide-spread. It was common among the Romans, being given in the XII. Tables as the special penalty for arson. Under the Gothic codes adulterers were so punished, and throughout the middle ages it was the civil penalty for certain heinous crimes, e.g. poisoning, heresy, witchcraft, arson, bestiality and sodomy, and so continued in some cases, nominally at least, till the beginning of the 19th century. In England, under the common law, women condemned for high treason or petty treason (murder of husband, murder of master or mistress, certain offences against the coin, &c.) were burned, this being considered more “decent” than hanging and exposure on a gibbet. In practice the convict was strangled before being burnt. The last woman burnt in England suffered in 1789, the punishment being abolished in 1790.

Burning was not included among the penalties for heresy under the Roman imperial codes; but the burning of heretics by orthodox mobs had long been sanctioned by custom before the edicts of the emperor Frederick II. (1222, 1223) made it the civil-law punishment for heresy. His example was followed in France by Louis IX. in the Establishments of 1270. In England, where the civil law was never recognized, the common law took no cognizance of ecclesiastical offences, and the church courts had no power to condemn to death. There were, indeed, in the 12th and 13th centuries isolated instances of the burning of heretics. William of Newburgh describes the burning of certain foreign sectaries in 1169, and early in the 13th century a deacon was burnt by order of the council of Oxford (Foxe ii. 374; cf. Bracton, de Corona, ii. 300), but by what legal sanction is not obvious. The right of the crown to issue writs de haeretico comburendo, claimed for it by later jurists, was based on that issued by Henry IV. in 1400 for the burning of William Sawtre; but Sir James Stephen (Hist. Crim. Law) points out that this was issued “with the assent of the lords temporal,” which seems to prove that the crown had no right under the common law to issue such writs. The burning of heretics was actually made legal in England by the statute de haeretico comburendo (1400), passed ten days after the issue of the above writ. This was repealed in 1533, but the Six Articles Act of 1539 revived burning as a penalty