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chor when the cable is broke. It should always, therefore, be of sufficient strength for this purpose, or else the anchor may be lost through negligence.

BUOY, SLINGS OF THE, the ropes which are fastened about it, and by which it is hung: they are curiously spliced around it, something resembling the braces of a drum.

BUOY, TO STREAM THE, is to let it fall from the ship's side into the water; which is always done before they let go the anchor, that it may not be retarded by the buoy-rope as it sinks to the bottom.

BUPALUS, a celebrated sculptor, a native of the island of Chios. He had a brother, named Athenis, of the same profession. They flourished about the sixtieth Olympiad; and were contemtemporary with Hipponax, a deformed poet. Our sculptors diverted themselves in representing him under a ridiculous form, upon which Hipponax wrote so sharp a satire against them, that they hanged themselves. Pliny, however, says, that they made several fine statues after Hipponax had taken his revenge; particularly a Diana at Chios, which was placed very high, and appeared with a frowning countenance to those that came in and with a pleasant one to those that went out. There were several statues at Rome made by them; they worked only in the white marble of the Isle of Paros. Pausanias mentions Bupalus as a good architect as well as sculptor; but says nothing of Athenis.

BUPARIA, in entomology, a winged species of pimelia, the tenebrio buparius of Forster; color black, and glabrous; thorax lunated; jaws strong, toothed, and as long as the head. It inhabits Spain.

BUPHAGA, in ornithology, a genus belonging to the order of picæ. The beak is straight and quadrangular; the mandibles are gibbous, entire, and the gibbosity is greater on the outside. The feet are of the ambulatory kind. The body is grayish above, and of a dirty yellow below; the tail is shaped like a wedge. There is but one species, viz. B. Africana, the African beef-eater, a native of Senegal. It frequently perches upon oxen to pick out the larva of the oestri from their backs.

BUPHONIA, from Bec, ox, and pwvn, slaughter; in antiquity, an Athenian feast. We are told it was forbidden, by the laws of Attica, to kill an ox; but it once happened, at the feast of the dipolia, that an ox ate the corn, others say the cakes, which had been dressed for the sacrifice. Thaulon the priest, enraged at this, immediately killed him, and fled for it. On which the Athenians, fearing the resentment of the gods, and feigning themselves ignorant as to who had committed the fact, brought the bloody axe before the judges, where it was solemnly arraigned, tried, found guilty, and condemned! In memory of the event this feast was instituted, in which it was customary for the priest to fly, and judgment to be given about the slaughter of the ox.

BUPHTHALMUM, ox-eye; a genus of the polygamia superflua order, and syngenesia class of plants; natural order forty-ninth, compositæ, The receptacle is paleaceous; the pappus an in

different rim; the seeds, especially those of the radius, emarginated on the sides; the stigmata of the hermaphrodite florets undivided. There are twenty species; the most remarkable are: B. arborescens, rising with several woody stems to the height of eight or ten feet, with pale yellow flowers. 2. B. helianthoides, a native of North America.

BUPHTHALMUS, in botany, a name given by some of the ancients to the great house-leek, or sedum majus, from the manner of its growing in clusters resembling the eyes of large animals. BUPLEURUM, hare's ear, or thoroughwax: a genus of the digynia order, and pentandria class of plants; natural order forty-fifth, umbellatæ. The involucra of the partial umbels are large in proportion, and pentaphillous; the petals involuted, or rolled inwards; the fruit roundish, compressed, and striated. The principal species is the B. fruticosum, or shrubby Ethiopian hartwort. It rises with a shrubby stem, dividing into numerous branches, forming a bushy head five or six feet high, adorned with oblong, oval, entire leaves, placed alternate, with yellow flowers in umbels at the ends of the branches, which appear in July and August, and are sometimes succeeded by ripe seeds. It may be propagated by cuttings. This plant was formerly celebrated for curing ruptures, mixed into a poultice with wine and oatmeal.

BUPRESTIS, in entomology, a genus of insects belonging to the order of coleoptera. The antennæ are setaceous and serrated, and as long as the thorax: the head is half drawn back within the thorax: the mouth is armed with jaws, and furnished with palpi: the elytra are marginated, and cover the abdomen; and the tarsi have five articulations: the feet are saltatorii. Linnæus, Fabricius, and Gmelin, describe the following species:-unidentata, bicolor, gigantea, vittata, fastuosa, punctatissima, corrusca, decora, berolinensis, obscura, lurida, punctata, fasciata, striata, rauca, ritulans, octoguttata, ignita, lineata, aerosa, ocellata, maculosa, maculata, stricta, sternicornis, chrysis, violacea, aegypatica, mariana, farinosa, fulminans, cyanipes, modesta, blanda, aurata, elegans, tripunctata, chrysostigma, dorsata, impressa, ornata, taeniata, Cayennensis, cylindrica, trochilus, scabra, decastigma, canaliculata, rustica, acuminata, plebeja, Tranquebarica, lugubris, cariosa, undata, Austriaca, splendens, sibirica, fusca, tenebrionis, aurulenta, fascicularis, variolaris, onopordi, hirta, deaurata, rubi, nitidula, læta, cyanea, salicis, discoidea, quadrimaculata, bimaculata, novem-maculata, tristis, aenea, cuprea, nobilis, barbarica, umbellatarum, quadripunctata, cruciata, manca, pygmæa, meditabunda, minuta, viridis, atra, biguttata, elata, ruficollis, linearis, festiva, granularis, depressa, calcarata, fuliginosa, hæmorrhoidalis, quercus, hirsuta, 11-maculata, sex-maculata, varicornis, acuta, nævia, picta, inaurata, tatarica, Virginica, nana, marginata, nigra, rosacea, ungarica, nebulosa, bruttia, stephanelli, rugosa, and

coccinea.

BUPRESTOIDES, in entomology., a species of attelabus; color black; shells nervous; thorax globular. This is the buprestis ater of Linnæus Also a species of carabus; color black; antennæ

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Or I will shake thee from me like a serpent.
Dependents and suitors are always the burs, and
sometimes the briers, of favourites.
Wotton.

And where the vales with violets once were crowned,

him off.

Now knotty burs and thorns disgrace the ground. Dryden. A fellow stuck like a bur, that there was no shaking Arbuthnot's Hist. of John Bull. BUR, in chivalry, a broad ring of iron behind the place made for the hand on the spears used formerly in tilting; which bur was brought to rest when the tilter charged his spear.

BURBER, an Egyptian piece of copper money; thick and as broad as a sixpence; twelve of them make a medine.

BUR'BOT, n. s. A fish full of prickles. It is the English name of the mustela fluviatilis, a fish common in the Trent and other rivers in England. It is also called the eel-pout and is the gadus lota of Linnæus.

BURCA, among the Turks, the name of the rich covering of the door of the house at Mecca; it is ten feet long and five wide; and there are several figures and Arabic letters on it, very richly embroidered in gold, on a ground of red and green. It is carried about in their solemn processions, and is often stopped that the people may touch it.

BURCKHARDT (J. Lewis), was the son of Colonel Gideon Burckhardt, born at Lausanne in Switzerland, in 1784. He was educated at Leipsic and Gottingen, and in 1806 visited England; where he offered his services to the African Association. His proposals were accepted, and he went to Cambridge to study Arabic, and acquire other necessary knowledge. In March, 1809, he sailed for the Mediterranean and Aleppo, where he adopted the name of Ibrahim, and assumed the character of a Mussulman. He continued two years and a half in Syria, and made himself familiar with all the spoken dialects of the country. He set off for Nubia in the beginning of 1813; crossed the Red Sea; and, after visiting Mecca and Medina, arrived at Cairo in June 1815. The following spring he took his journey to mount Sinai, and, returning to Cairo, proposed to join one of the trading caravans to Timbuctoo; but the caravan was delayed by the disturbed state of the country. When the opportunity at last arrived he was seized with dysentery, and died, after a short illness, at Cairo. His papers were sent to the African Association, who published, in 1819, his Travels in Nubia; and afterwards his Travels in Syria and the Holy Land.

BURDEGALA, or BURDIGALA, in ancient. geography, a trading port town of Aquitania, the birth place of Ausonius. It is now called Bourdeaux. BUR'DELAIS, n. s. A sort of grape.

BUR'DEN, v. & n. or)
BURTHEN,

BUR'DENING,

BUR'DENER,

BUR'DENOUS,

BUR'DENSOME.

Per. burdon, Sax. byrden, Goth. burd, Swed. borda, Sax. beart, from bear, to

carry, as poρ710v from pepw. Thus it signifies a load, a weight that is borne. It has another sense, namely the purport or bearing of a song; perhaps from Ital. bordone, Fr. bourdon, Welsh byrdon, the bass or drone in music, Goth. bijar dyn, the sound of bees. Burden is somethe capacity to bear, as the capacity of a ship; times used not only to signify what is borne, but thus we say a ship of 100 tons burden. It is metaphorically descriptive of grief, oppression, weariness, and misery.

Burden not thyself above thy power.

Ecclus. xiii. 2.
I mean not that other men be eased, and you bur-
dened.
Corinthians viii. 13.
And thei would bind on folke alwaie
(That ben to be begiled able),
Burdons that ben importable.

Chaucer. Romaunt of the Rose.
Long time ye both in armes shall beare great sway,
Till thy wombes burden thee from them do call,
And his last fate him from thee take away,
Too rathe cut off by practice criminall

Of secret foes, that him shall make in mischiefe fall.
Spenser.
I went to prove how well it would my heavy burden
So on a morrow forth, unwist of any wight,
light,

And when I felt the air so pleasant round about,
Lord! to myself how glad I was that I had gotten out.
Earl of Surrey.

Camels have their provender

Only for bearing burdens, and sqre blows
For sinking under them. Shakspeare. Coriolanus.
Make no jest of that which hath so earnestly pierced
me through, nor let that be light to thee which to me
Sidney.

is so burdenous.

So once the cradle of that light,
Whereof one rules the night, the other the day,
Till sad Latona, flying Juno's spite,
Her double burthen there did safely lay.

Fletcher's Purple Island.
It is of use in lading of ships, and may help to shew
what burden, in the several kinds, they will bear.
Bacon's Physical Remuins.
Couldst thou support

That burden, heavier than the earth to bear?
Milton.

His leisure told him that his time was come,
And lack of load made his life burdensome.
At every close she made, the attending throng
Replied, and bore the burden of the song.

Id.

Dryden's Fables. Assistances always attending us, upon the easy condition of our prayers, and by which the most burdensome duty will become light and easy. Rogers.

None of the things that are to learn, should ever be made a burden to them, or imposed on them as

a task.

Deaf, giddy, helpless, left alone,
To all my friends a burden grown.

Locke.

Swift.

BERTHA.

BUR

679

That back of thine may bear its burthen,
is

BUR

BURE (William de), a Paris bookseller, and bibliographer of great reputation. His principal work, which is a standard performance, is BibARNOLD. It bears its burthen; but my heart! liographie Instructive ou Traité des Livres rares

More hign, if not so broad as that of others.

will it

Sustain that which you lay upon it, mother?

Byron's Deformed Transformed. BURDEN, OF BURDON, bourdon, French, in music, the drone or bass, and the pipe or string which plays it: hence the burden of a song. A chord which is to be divided to perform the intervals of music, when open and undivided, is

also called the burden.

BURDEN OF A SHIP, is its contents, or the number of tons it will carry. It may be determined thus: multiply the length of the keel, taken within board, by the breadth of the ship, within board, taken from the midship-beam, from plank to plank; and multiply the product by the depth of the hold, taken from the plank below deck upper the keelson, to the under part of the plank; and divide the last product by ninetyfour; the quotient is the content of the tonnage required. See FREIGHT.

BURDEN, SHIPS OF, denote those of a larger and heavier sort, carrying 500 tons, or upwards. BURDO, in physiology, a mongrel beast of burden, produced by a horse and she-ass, by which it is distinguished from the mule, which is that produced by a male ass of a mare. BUR'DOCK, n. s. Persnoata. A plant. See ARCTIUM.

BURDON (William), was born in 1764, at Newcastle-upon-Tyne, and educated at Emanuel College, Cambridge, where he took his degrees in arts, and obtained a fellowship, which, as he would not enter into orders, he resigned. He died in London in 1818. His works are: 1. Life and Character of Buonaparte. 2. Examination of the Pursuits of Literature, 8vo. 3. 4. Three Materials for Thinking, 2 vols. 8vo. Letters to the Bishop of Llandaff. on the Affairs of Spain. 6. Thoughts on Politics, Morality, and Literature, 8vo. 7. A Vin8. Treatise on dication of Pope and Grattan. the Privileges of the House of Commons; and several miscellaneous essays and papers in the periodical publications.

5. Letters

BURDWAN, a fertile district of Bengal, between the twenty-second and twenty-fourth degrees of north latitude, and on the west side It is about of the Baggarutty or Hoogly river.

seventy-three miles long and forty-five broad. In the year 1790 this district yielded an annual revenue of £400,000 sterling. The family of the present rajah have been in possession of the zemindary for about a century.

BURDWAN, the capital of the above district, was often taken and retaken during the contests between the Afghans and the Moguls for the possession of Bengal, and for several years, in the end of the seventh century, was the residence of prince Azeem Oooshan, the grandson of Aurungzebe, then governor of Bengal. He much improved the city, and built there a mosque. In this place is the tomb of Ibrahim Sukka, a celebrated Mahommedan saint. There was formerly a citadel here of no great strength. It stands on the north bank of the Dummoodah river.

et singulieres, Paris, 1763, 7 vols. 8vo. He also
published a Catalogue of the Library of M. de
la Valliere, 1767, 2 vols. and Museum Typo-
graphicum, 1775, 12mo. He died respected in

1782.

BU'REAU, n. s.

Fr. bureau. A chest of

drawers with a writing-board. It is pronounced
as if it were spelt buro.

For not the desk with silver nails,
Nor bureau of expense,
Nor standish well japanned, avails,
To writing of good sense.

BURG',

BUR'GAGE,
BURGESS,
BURGH',
BURGH'ER,
BURGH'MOTE,

Swift.

Arab. boorj, Chald. burgadh, Ilupyos, Swed. borg, Goth. berg, biarg, Sax. beorg, Goth. borg, Sax. Teut. Bel. burg, Arm. and Irish burg, Welsh bourg, Fr. bourg, Ital. borgo. A tower, a mount, a hill, a walled town; sometimes confounded with borough, which apparently has the same root in 'Burgage is a tenure Goth. berga, to defend. proper to cities and towns, whereby men of cities

BURG'OMASTER,
BUR GRAVE.

or burrows hold their lands or tenements of the
king, or other lord, for a certain yearly rent.'-
Cowell. A burgess and burgher, is a citizen; a
freeman of a city or corporate town, with the
privilege of the elective franchise, a representa-
A burgomaster is one who
tive of such a town.
governs or defends a fortified town or city.

It irks me, the poor dappled fools,
Being native burghers of this desart city,
Should in their own confines, with forked heads,
Have their round haunches gored.

The

Shakspeare. As you Like it.

gross of the borough is surveyed together in the beginning of the county; but there are some other particular burgages thereof, mentioned under the titles

of particular men's possessions.

Hale's Origin of Mankind. Four knights and a knave who were burgesses made, For selling their consciences were liberally paid.

The portly burgess through the weather hot,
Does for his corporation sweat and wot.

Could this be,

Marvell.

Id.

Id.

Case why, their burghomaster of the sea
Ram'd with gunpowder, flaming with brand wine,
Should raging hold his linstock to the mine?
The fish oft times the burgher dispossessed,
And sat not as a meat but as a guest.

Id.

It is a republick itself, under the protection of the eight ancient cantons. There are in it an hundred burgeois, and about a thousand souls. Addison on Italy.

They choose their councils and burgomasters out of

the burgeois, as in the other governments of Switzerland.

Addison.

Many towns in Cornwall, when they were first allowed to send burgesses to the parliament, bore another proportion to London than now; for several of these burghs send two burgesses, whereas London itself sends but four.

Graunt.

The Forester

Hunts not the wretched coney, but the boar,
Or wolf, or lion, leaving paltry game
To petty burghers, who leave once a year
Their walls, to fill their household cauldrons with
Such scullion prey.

Byron's Deformed Transformed. BURGAGE, or TENURE IN BURGAGE, is only a kind of town soccage; as common soccage, by which other lands are holden, is usually of a rural nature. A borough is distinguished from other towns by the right of sending members to parliament; and, where the right of election is by burgage tenure, that alone is a proof of the antiquity of the borough. Tenure in burgage, therefore, or burgage tenure, is where houses or lands which were formerly the site of houses in an ancient borough, are held of some lord in common soccage, by a certain established rent. And they seem to have withstood the shock of the Norman encroachments, principally on account of their insignificancy, which made it not worth while to compel them to an alteration of tenure, as 100 of them together would scarce have amounted to a knight's fee. Besides, the owners, being chiefly artificers, and persons engaged in trade, could not with any propriety be put on such a military establishment as the tenure in chivalry was. The free soccage, therefore, in which these tenements are held, seems to be plainly a remnant of Saxon liberty; which may also account for the great variety of customs affecting many of these tenements so held in ancient burgage; the principal and most remarkable of which is that called Borough English. See

BOROUGH ENGLISH.

BURGANET, or BURGONET, n. s. From Fr. burginote. A kind of helmet.

Upon his head his glistering burganet,
The which was wrought by wondrous device,
And curiously engraven, he did fit.

Spenser's Muiopotmos.

This day I'll wear aloft my burgonet, Even to affright thee with the view thereof. Shakspeare. I was page to a footman, carrying after him his pike and burganet.

Hakewill on Providence. BURGAU, in natural history, the name of a large species of sea-snail, of the lunar or roundmouthed kind. It is very beautifully lined with a coat, of the nature of mother-of-pearl; and the artificers take this out, to use under the name of mother-of-pearl, though some call it after the name of the shell they take it from, burgaudine.

BURGAU, an open town of Suabia, on the Mindel, formerly the chief town of the margraviate of that name; has a population of 2400: it is nineteen miles north-west of Augsburg, and twenty E. N. E. of Ulm.

BURGAU, a margraviate of Suabia, on the Danube, between the Lech and the Iller, now belonging to Bavaria, to whom it was ceded by Austria, at the peace of Presburg. It is about thirty-six miles square, and included in the Bavarian circle of the Upper Danube. A small portion, however, belongs to the district of Ursberrig, in the circle of the Iller.

BURGER (Godfred Augustus), a German

poet, principally known in this country as the author of Leonora, was born at Wolmerswende, in the principality of Halberstadt, in 1748. His father, a Lutheran minister, gave him a good education, but Burger was averse from study, and passed his early life in dissipation; occasionally producing a few popular ballads. He also translated some of our old English ballads into German with considerable effect. In 1787 he lectured on the philosophy of Kant, and in 1789 was appointed professer of belles lettres in the university of Gottingen. He died in 1794. His Leonora has been several times translated into English; and Sir Walter Scott has executed an admirable version of his Wild Huntsman's Chase.

BURGESS signifies one who possesses a tenement in a borough. The word is also applied to the magistrates of some towns; as the bailiff and burgesses of Leominster. Anciently, burgesses were held in great contempt; being reputed servile, base, and unfit for war; so that the gentry were not allowed to intermarry in their families, or fight with them; but, in lieu thereof, were to appoint champions. A burgess's son was reputed of age when he couid distinctly count money, measure cloth, &c.

BURGESSES, in the parliamentary sense, are supposed to represent the mercantile part, or trading interest of a nation. They were formerly allowed, by a rate established in the reign of Edward III. two shillings a-day as wages. It is to be regretted, that the members for boroughs, and, what is worse, decayed or rotten boroughs, bear above a quadruple proportion to those for counties. The right of election of burgesses depends on several local charters and customs: though, by 2 Geo. II. c. 24, the right for the future shall be allowed according to the last determination of the House of Commons concerning it; and by 3 Geo. III. c. 15, no freeman, except such as claim by birth, servitude, or marriage, shall be entitled to vote, unless he hath been admitted to his freedom twelve months before. This is called the Durham act, and it was occasioned by the corporation of Durham having, upon the eve of an election, in order to serve one of the candidates, admitted 215 honorary freemen. Some corporations have the power of admitting honorary freemen, viz. persons who, without any previous claim or pretension, are admitted to all the franchises of the corporation. The Durham act is confined to persons of that description solely. As every knight of a shire shall have a clear estate of freehold or copyhold, or mortgage, if the mortgagee has been seven years in possession, to the value of £600 per annum, so every representative citizen and burgess must have a clear estate to the value of £300; except the eldest sons of peers, and of persons qualified to be knights of shires, and except the members for the two universities. Stat. 9 Ann. c. 5; and of this qualification the member must make oath, and give in the particulars in writing, at the time of his taking his seat. But this act does not extend to Scotland nor Ireland.

BURGH (James), an ingenious political writer, born at Maderty, in Perthshire, in 1714. He

studied at St. Andrews, with the intention of becoming a clergyman; but bad health obliged him to turn to the linen trade; which not proving successful, he went to England, and commenced corrector of the press to Mr. Bowyer, for whom he also made indexes. After this he removed to Great Marlow, as assistant at a school; where, in 1746, he first commenced author, by writing a pamphlet, entitled Britain's Remembrancer; which went through five editions in two years; was reprinted in England, Ireland, and America; was ascribed to several bishops, and quoted by churchmen and dissenters from the pulpit. In 1747 he opened an academy at Stoke-Newington, in Middlesex; and his scholars increasing rapidly, he removed, in 1750, to a large house at Newington Green, where he remained for nineteen years. In 1751 he married Mrs. Harding, a widow lady, who concurred with him in his laudable undertakings. After a very laborious life, he retired to Islington in 1771, with the view of finishing a work he had long collected materials for, entitled Political Disquisitions, which came out in 1774 and 1775, in 3 vols. although he was then severely afflicted with the stone. Of this complaint he died, August 26th, 1775, aged sixty-one. His other works were : 1. Thoughts on Education, 1747. 2. An Hymn to the Creator; with an Idea of the Creator from his Works, in prose, 1750. 3. A Warning to Dram-Drinkers, 1751. 4. The Dignity of Human Nature, 1754, 4to. and 1767, 2 vols. 8vo. 5. The Art of Speaking, 1762 (fifth edition in 1782); with other tracts too numerous for insertion.

BURGH-BOTE signifies contribution towards the building or repairing of castles, or walls, for the defence of a borough or city. By the law of king Athelstan, the castles and walls of towns were to be repaired, and burgh-bote levied every year, within a fortnight after rogation days. No person whatever was exempted; the king himself could not exempt a man from burgh-bote: yet, in after times, exemptions appear to have been frequently granted.

BURGH-BRECHE, a fine imposed on the community of a town, or burgh, for the breach of peace among them.

BURGHER SECEDERS, a numerous and respectable class of dissenters from the church of Scotland, who were originally connected with the associate presbytery; but some difference of sentiment arising about the lawfulness of taking the burgess oath, a separation ensued in 1739; in consequence of which, those who held for the affirmative, obtained the appellation of burgher, and their opponents that of antiburgher seceders. The antiburghers have, however, been recently re-united to the brethren. See SECEDERS.

BURGHMOTE, the court of a borough. By the laws of king Edgar, the burghmote was to be held thrice in the year: by those of Henry I. twelve times. BURGLAR, From burg a house, and BURGLARY, larron, a thief, or Goth. and BURGLARER, Sax. bur, a dwelling, and BURGLARIOUS. Goth. lecka, to break; but Norm. Fr. lary, is from Lat. latrocinium, housebreaking, or the robbing or plundering a house.

Disperse lampoons, the only wit That men like burglary commit.

Butler's Hudibras.

Love is a burglarer, a felon,

Id.

That at the windore-eyes does steal in.
In the natural signification, is nothing but the rob-

bing of a house; but, as it is a term of art, our com-
mon lawyers restrain it to robbing a house by night,
or breaking in with an intent to rob, or to do some
other felony. The like offence, committed by day,
they call house-robbing, by a peculiar name. Cowell.
What say you, father? Burglary is but a venial sin
among soldiers.
Dryden's Spanish Friar.
BURGLARY, burgo latrocinium, nocturnal
housebreaking, by the ancient English law, was
called hamesucken, a word still used in the law
of Scotland, but in a sense somewhat different,
has always been looked upon as a very heinous
offence: not only because of the terror that ac-
companies it, but also as it is a forcible invasion
of that right of habitation, which every indi-
vidual might acquire, even in a state of nature:
an invasion which, in such a state, would be sure
to be punished with death, unless the assailant
were stronger. But, in civil society, the laws
come in to the assistance of the weaker party:
and, besides that they leave him this natural right
of killing the aggressor, if he can, they also
protect and avenge him in case the assailant is
too powerful. And the law has so particular
and tender a regard to the immunity of a man's
house, that it styles it his castle, and will never
suffer it to be violated with impunity; agreeing
herein with the sentiments of ancient Rome.
For this reason no outward doors can in general
be broken open to execute any civil process;
though in criminal causes the public safety su-
persedes the private. See ARREST. Hence also
in part arises the animadversion of the law upon
eaves-droppers, nuisances, and incendiaries: and
to this principle it must be assigned, that a man
may assemble people together lawfully (at least
if they do not exceed eleven in number), without
danger of raising a riot, rout, or unlawful as-
sembly, in order to protect his house; which he
is not permitted to do in any other case.

Sir Edward Coke's definition of a burglar, is, he that by night breaketh and entereth into a mansion-house, with intent to commit a felony.' In this definition there are four things to be considered; the time, the place, the manner, and the intent. 1. The time must be by night, and not by day; for in the day-time there is no burglary; i. e. if there be day-light or crepusculum enough, begun or left, to discern a man's face withal. But this does not extend to moonlight; for then many midnight burglaries would go unpunished: and besides, the malignity of the offence does not consist so much in its being done in the dark, as at the dead of night; when all the creation, except beasts of prey, are at rest; when sleep has disarmed the owner, and rendered his castle defenceless. 2. As to the place, it must be, according to Sir Edward Coke's definition, in a mansion or dwellinghouse for no distant barn, warehouse, or the like, are under the same privileges, nor looked upon as a man's castle of defence; nor is a breaking open of houses wherein no man resides, and which for the time being are not mansion

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