Page:The American Cyclopædia (1879) Volume III.djvu/454

 448 BURGESS BURGOS BURGESS, Thomas, an English bishop, born at Odiham, Hampshire, Nov. 18, 1756, died at Salisbury, Feb. 19, 1837. He was the son of a grocer, studied at Winchester, obtained a scholarship at Oxford, and became a fellow and tutor of his college. Mr. Addington, the prime minister, who had been his fellow stn- uent at Winchester and Oxford, appointed him bishop of St. Davids in 1803, and in 1825 he was translated to the see of Salisbury. He aided in founding the royal society of litera- ture, of which he was president from 1821 to 1832. His biographer, J. S. Harford, enume- rates nearly 100 publications, theological, clas- sical, and miscellaneous, issued by him ; among these are editions of Burton's Pentalogia (2 vols., 1780), and Dawes's Miscellanea Critica (1781). In his "Considerations on the Aboli- tion of Slavery " (1789), he recommended grad- ual emancipation. BIRG1I, James, a Scottish writer, born at Madderty, Perthshire, in 1714, died at Isling- ton, London, Aug. 26, 1775. He was a cousin of the historian Robertson. He prepared him- self for the church at the university of St. Andrews, but engaged in the linen trade, in which he was unsuccessful. He then became a proof-reader in London, and in 1746 a teacher at Marlow and afterward at Enfield, and was principal of an academy at Newington from 1747 to 1769, when ill health compelled him to retire to London. His "Britain's Remem- brancer" passed through many editions; and having been published anonymously, it was as- cribed to eminent churchmen. Among his other writings are: "The Dignity of Human Nature," his principal work (1754) ; " Essay on the Art of Speaking " (1762) ; " Crito " (2 vols., 1766-'7); and "Political Disquisitions" (3 vols., 1774-'5). BIRGHLEY, Lord. See BURLEIGH. BURGLARY (law Lat. lurgi latro, a robber of a burg or enclosure), the crime of breaking and entering in the night time the dwelling house of another, with intent to commit some felony therein. To constitute burglary it is held : 1. That the house broken into must be a place of actual residence ; yet, if it is habitually occu- pied, the fact that no one was in the house at the time of breaking into it will make no dif- ference in the character of the offence. An outhouse, if immediately connected with the dwelling, is deemed a part thereof, so as to make the offence of entering it the same ; and this rule has been extended to barns, stables, &c., though they are not under the same roof with the dwelling house, or contiguous, pro- vided they are in a common enclosure, called curtilage. So also a room in a private house which the lodger occupies as his own, inde- pendent of the control of the proprietor of the house, or a room in a college or inns of court, is in law deemed the mansion of the occupant, and the breaking into it is the same as the breaking through an outer door. But in a ho- tel or boarding house, where the apartments are under the management of the proprietor of the house, and there is a common entrance to them, the whole constitute but one mansion. Burglary may be committed in a church, be- cause, as explained by Lord Coke, it is damns mansionalis Dei. 2. The breaking may be either actual or constructive. It is actual when any impediment to an entry is overcome or re- moved, as where a door is opened, a window raised or broken, or a screen cut away from an open window, or any fastening to either broken or removed, or the like. It is con- structive when an entry is gained by fraud, conspiracy, or threats. The breaking of an in- ner door, where an entrance has been obtained through an open door or window, will be suf- ficient; and so would be knocking at a door, and upon its being opened rushing in with fe- lonious intent. 3. The entry may be of the whole body or any part thereof, as the hand or foot ; but the introduction of an instrument or weapon for the purpose of the contemplated felony, and not for the purpose of the breaking merely, will be sufficient; as if a sword be reached through a raised window to stab a per- son sleeping inside. 4. It must be in the night, not by day. The peculiar criminality of the offence is the supposed danger to life. The English rule is, that if there is daylight enough to distinguish a man's face, the entering of a house will not be burglary. This does not in- clude moonlight, for the offence is not so much that it is done in the dark as at an hour when the inmates of the house would be unguarded. 5. The intent must be to commit a felony ; if it be to commit a trespass only, or a misde- meanor, it will be no burglary. But if the felonious intent exist, it will be immaterial to this crime whether the felony was actually committed or not. 6. By the English statute 24 and 25 Victoria, c. 96, it is provided that whoever shall enter the dwelling " house of another with intent to commit any felony there- in, or being in such dwelling house shall com- mit any felony therein, and shall in either case break out of the said dwelling house in the night, shall be deemed guilty of burglary." This disposes of a question which had been raised at the common law, whether such a breaking out was burglary. The punishment of the offence in England was formerly death ; now it is penal servitude for life, or for any term of years not less tban five, or imprison- ment not more than two years, with or with- out hard labor, and with or without solitary confinement. In the United States burglary is a felony, punishable with imprisonment as pre- scribed by state statutes. In addition to the common law offence, there are also statutory burglaries, differing in one or more particulars. The Scotch hamesucken, sometimes confound- ed with burglary, differs from it in being an as- sault upon a person in his own house, either in the night or day time. BURGOS. I. A province of Spain, in the north and centre of Old Castile ; area, 6,650 sq. m. ;