BURGLARY, in law, or nocturnal house-breaking, an unlawful entering into another man's dwelling, wherein some person is, or into a church, in the night time, in order to commit some felony, or to kill some person, or to steal something thence, or do some other felonious act, whether the same be executed or not. This crime has been always regarded as very heinous ; partly on account of' the terror which it occasions, and partly be. cause it is a forcible invasion and distur bance of that right of habitation, which every individual might require, even in a state of nature, and against which 'the laws of civil society have particularly guarded.. Whilst they allow the posses sor to kill the aggressor, who attempts to break into a house in the night time, they also protect and avenge him, in case the assailant should be too powerful. Such regard, 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 supersedes the private. Hence, also, in part, arises the animadversion of the law upon eves-droppers, nuisancers, and in cendiaries; and to this principle it must be assigned, that a man may assemble peo ple together lawfully (at least if they do not exceed eleven) without danger of raising a riot, rout, or unlawful assembly, in order to protect and defend his house; which he is not permitted to do in any other case. The definition of a burglar, as given by Sir Edward Coke, is," lie 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,thatif t here be daylight or twilight sufficient begun or left for discerning a man's face, it is no burglary. But this does not extend to moonlight: for then many midnight burg laries 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 defence less. 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 " dooms mansionalis Del." But it is not necessa ry that it should in all cases be a mansion house; for it may he committed by break ing the gates or walls of a town in the night. 3. As to the manner of commit ting burglary ; 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 enter the next night through the same,they are burglars. There must in general be an actual break ing, so that it may be regarded as a sub stantial 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 it 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 burglary; 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 bur glary, 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, whether such intention be ac tually carried into execution, or only de monstrated by some attempt 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 jurisdic tion of the burgomaster is not the same in all places, every town having its parti cular customs and regulations at Am sterdam there are four, chosen by the voices of all those people in the Senate who have either been bur,omasters or echevins. Their authority resembles that of the lord-mayor and aldermen ; they dispose of all under offices 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.