As to the manner, there must be both a breaking and an entry. Both must be at night, but not necessarily on the same night, provided that in the breaking and in the entry there is an intent to commit a felony. The breaking may be either an actual breaking of any external part of a building; or opening or lifting any closed door, window, shutter or lock; or entry by means of a threat, artifice or collusion with persons inside; or by means of such a necessary opening as a chimney. If an entry is obtained through an open window, it will not be burglary, but if an inner door is afterwards opened, it immediately becomes so. Entry includes the insertion through an open door or window, or any aperture, of any part of the body or of any instrument in the hand to draw out goods. The entry may be before the breaking, for the Larceny Act 1861 has extended the definition of burglary to cases in which a person enters another’s dwelling with intent to commit felony, or being in such house commits felony therein, and in either case breaks out of such dwelling-house by night.
Breaking and entry must be with the intent to commit a felony, otherwise it is only trespass. The felony need not be a larceny, it may be either murder or rape. The punishment is penal servitude for life, or any term not less than three years, or imprisonment not exceeding two years, with or without hard labour.
Housebreaking in English law is to be distinguished from burglary, in that it is not essential that it should be committed at night, nor in a dwelling-house. It may, according to the Larceny Act 1861, be committed in a school-house, shop, warehouse or counting-house. Every burglary involves housebreaking, but every housebreaking does not amount to burglary. The punishment for housebreaking is penal servitude for any term not exceeding fourteen years and not less than three years, or imprisonment for any term not exceeding two years, with or without hard labour.
In the United States the common-law definition of burglary has been modified by statute in many states, so as to cover what is defined in England as housebreaking; the maximum punishment nowhere exceeds imprisonment for twenty years.
Authorities.—Pollock and Maitland, History of English Law; Stephen, History of Criminal Law; Archbold, Pleading and Evidence in Criminal Cases; Russell, On Crimes and Misdemeanours; Stephen, Commentaries.
BURGON, JOHN WILLIAM (1813–1888), English divine, was born at Smyrna on the 21st of August 1813, the son of a Turkey merchant, who was a skilled numismatist and afterwards became an assistant in the antiquities department of the British Museum. His mother was a Greek. After a few years of business life, Burgon went to Worcester College, Oxford, in 1841, gained the Newdigate prize, took his degree in 1845, and won an Oriel fellowship in 1846. He was much influenced by his brother-in-law, the scholar and theologian Henry John Rose (1800–1873), a churchman of the old conservative type, with whom he used to spend his long vacations. Burgon made Oxford his headquarters, while holding a living at some distance. In 1863 he was made vicar of St Mary’s, having attracted attention by his vehement sermons against Essays and Reviews. In 1867 he was appointed Gresham professor of divinity. In 1871 he published a defence of the genuineness of the twelve last verses of St Mark’s Gospel. He now began an attack on the proposal for a new lectionary for the Church of England, based largely upon his objections to the principles for determining the authority of MS. readings adopted by Westcott and Hort, which he assailed in a memorable article in the Quarterly Review for 1881. This, with his other articles, was reprinted in 1884 under the title of The Revision Revised. His biographical essays on H. L. Mansel and others were also collected, and published under the title of Twelve Good Men (1888). Protests against the inclusion of Dr Vance Smith among the revisers, against the nomination of Dean Stanley to be select preacher in the university of Oxford, and against the address in favour of toleration in the matter of ritual, followed in succession. In 1876 Burgon was made dean of Chichester. He died on the 4th of August 1888. His life was written by Dean E. M. Goulburn (1892). Vehement and almost passionate in his convictions, Burgon nevertheless possessed a warm and kindly heart. He may be described as a high churchman of the type prevalent before the rise of the Tractarian school. His extensive collection of transcripts from the Greek Fathers, illustrating the text of the New Testament, was bequeathed to the British Museum.
BURGONET, or Burganet (from Fr. bourguignote, Burgundian helmet), a form of light helmet or head-piece, which was in vogue in the 16th and 17th centuries. In its normal form the burgonet was a large roomy cap with a brim shading the eyes, cheek-pieces or flaps, a comb, and a guard for the back of the neck. In many cases a vizor, or other face protection, and a chin-piece are found in addition, so that this piece of armour is sometimes mistaken for an armet (q.v.), but it can always be distinguished by the projecting brim in front. The morion and cabasset have no face, cheek or neck protection. The typical head-piece of the 17th-century soldier in England and elsewhere is a burgonet skull-cap with a straight brim, neck-guard and often, in addition, a fixed vizor of three thin iron bars which are screwed into, and hang down from, the brim in front of the eyes.
BURGOS, a province of northern Spain; bounded on the N.E. by Biscay and Álava, E. by Logroño, S.E. by Soria, S. by Segovia, S.W. by Valladolid, W. by Palencia, and N.W. by Santander. Pop. (1900) 338,828; area, 5480 sq. m. Burgos includes the isolated county of Treviño, which is shut in on all sides by territory belonging to Álava. The northern and north-eastern districts of the province are mountainous, and the central and southern form part of the vast and elevated plateau of Old Castile. The extreme northern region is traversed by part of the great Cantabrian chain. Eastwards are the highest peaks of the province in the Sierra de la Demanda (with the Cerro de San Millan, 6995 ft. high) and in the Sierra de Neila. On the eastern frontier, midway between these highlands and the Cantabrian chain, two comparatively low ranges, running east and west of Pancorbo, kave a gap through which run the railway and roads connecting Castile with the valley of the Ebro. This Pancorbo Pass has often been called the “Iron Gates of Castile,” as a handful of men could hold it against an army. South and west of this spot begins the plateau, generally covered with snow in winter, and swept by such cold winds that Burgos is considered, with Soria and Segovia, one of the coldest regions of the peninsula. The Ebro runs eastwards through the northern half of the province, but is not navigable. The Douro, or Duero, crosses the southern half, running west-north-west; it also is unnavigable in its upper valley. The other important streams are the Pisuerga, flowing south towards Palencia and Valladolid, and the Arlanzón, which flows through Burgos for over 75m.
The variations of temperature are great, as from 9° to 20° of frost have frequently been recorded in winter, while the mean summer temperature is 64° (Fahr.). As but little rain falls in summer, and the soil is poor, agriculture thrives only in the valleys, especially that of the Ebro. In live-stock, however, Burgos is one of the richest of Spanish provinces. Horses, mules, asses, goats, cattle and pigs are bred in considerable numbers, but the mainstay of the peasantry is sheep-farming. Vast ranges of almost uninhabited upland are reserved as pasture for the flocks, which at the beginning of the 20th century contained more than 500,000 head of sheep. Coal, china-clay and salt are obtained in small quantities, but, out of more than 150 mines registered, only 4 were worked in 1903. The other industries of the province are likewise undeveloped, although there are many small potteries, stone quarries, tanneries and factories for the manufacture of linen and cotton of the coarsest description. The ancient cloth and woollen industries, for which Burgos was famous in the past, have almost disappeared. Trade is greatly hindered by the lack of adequate railway communication, and even of good roads. The Northern railways from Madrid to the French frontier cross the province in the central districts; the Valladolid-Bilbao line traverses the Cantabrian mountains, in the north; and the Valladolid-Saragossa line skirts the Douro valley, in the south. The only
