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BURGLARY-BURGOYNE.

shed, or other building, is not burglary, unless it be appurtenant to a dwellingnouse. A chamber in a college, or in the London inns of court, is, for this purpose, considered to be a mansion-house. The The more usual punishment of burglary has heretofore been death. In the U. States, there is some diversity of punishment for this offence, the penalty being death in some states, and imprisonment for life or years in others. In Maine, for the principal and accessary before the fact, where the criminal enters a dwelling-house by night, with a deadly weapon, it is death. In New Hampshire, the offence, according to the common definition, is punished by imprisonment and hard labor for life. In Vermont, the punishment is imprisonment in the state prison for a term not exceeding 15 years, or a fine not exceeding 1000 dollars; in Massachusetts, imprisonment for life of the principal and accessary before the fact, in case of being armed with a deadly weapon; in Rhode Island, death; in Connecticut, imprisoninent in the state prison not exceeding 3 years; in New York, a fine, and imprisonment with hard labor not exceeding 10 years; in Pennsylvania, for the first offence, imprisonment not exceeding 10 years; for the second, not exceeding 15; in Maryland, restoration of property, and imprisonment not less than 2 nor exceeding 10 years; in Virginia, restoration of property, and imprisonment not less than 5 nor more than 10 years; and in Louisiana, imprisonment not less than 10 nor more than 15 years; and the code of this state makes the crime the same where the culprit conceals himself in the house during the day, until night, as where he breaks into it during the night. The British statute 7 & 8 Geo. IV, c. 29, makes the punishment death; and this statute, pursuing that of 12 Anne, c. 7, makes the committing a felony in a house, and breaking out of it by night, burglary. This statute of Geo. IV also alters the definition of the crime, by substituting dwelling for mansion-house. [The Amer[The American statutes generally adopt this description.] It also defines what shall be considered as part of the house, saying, that no building within the same curtilage, and occupied with the dwelling-house, shall be deemed a part of it for this purpose, "unless there shall be a communication" with the house "by means of a covered and enclosed passage." This provision clears up a doubt that had hung over the former law. This act also provides (s. 12), that, “if any person shall break and enter

a house and steal," &c., or shall steal any property in any dwelling-house, any person therein being put in fear," or "shall steal to the value of £5," he shall suffer death; and it does not appear, by Mr. Collier's edition of the criminal statutes, 1828, that any distinction is made, in this section, as to the offence being by day or night. This crime is punishable, under the French code (Penal. lib. 3, tit. 2, c. 2, s. 1, No. 381, 383), either by death or by hard labor for life, according to the circumstances of aggravation.

BURGOMASTER; the name of the chief magistrates of large towns in the Netherlands and Germany. Their number and term of office are different in different places. They are sometimes chosen for life, sometimes for a fixed period. They preside in the municipal counsels, &c. The same officer, in France, is called maire; in England and the cities of North America, mayor.

BURGOS; a city of Spain, the capital of Old Castile, and once the residence of its kings. It stands on the declivity of a hill, on the right bank of the Arlanzon. The streets are narrow and dark. It contains a college, numerous churches and convents, and a population of about 10,000. The cathedral, one of the most beautiful Gothic structures in Spain, was built in the 13th century, and, as well as some of the other churches, contains splendid mausoleums. It is so large, that service can be performed in eight chapels at once, without confusion. The wool of Old Castile passes principally through B., and it has some woollen manufactures. It was captured by the English in 1813. Lat. 42° 21′ N.; lon. 2° 40′ W.

BURGOYNE, John; an English general officer and dramatist. He was the natural son of lord Bingly, and entered early into the army. In 1762, he commanded a force sent into Portugal for the defence of that kingdom against the Spaniards. He also distinguished himself, in the American war, by the taking of Ticonderoga, but was, at last, obliged to surrender, with his army, to general Gates, at Saratoga. He was elected into parliament for Preston, in Lancashire, but, refusing to return to America, pursuant to his convention, was dismissed the service. He published some pamphlets in defence of his conduct, and is the author of three dramas,—the Maid of the Oaks, Bon Ton, and the Heiress,-all in the line of what is usually called genteel comedy, of which they form light and pleasing specimens.

BURGUETTA-BURGUNDIANS.

Burguetta, or ELBURGUETTA; a town of Spain, in the valley of Ronçeval, where the rear-guard of Charlemagne's army was defeated by the Saracens, and the famous Roland slain, A. D. 778; 24 miles N. E. of Pampeluna.

BURGUNDIANS. The Burgundians (called, by the ancients, Burgundi, Burgundiones, Burngundi, Buganta, Bunticca, and sometimes Urugundi), one of the principal branches of the Vandals, can be traced back to the country between the Oder and the Vistula, in what is now the New Mark, and the southern part of West Prussia. They were distinguished from the other Germans by living together in villages, burgen (whence, perhaps, they received the name of Burgundians). The others lived separately, and led a more wandering life. This is probably the reason why they retained possession of their country much longer than the neighboring Goths and Vandals, till, at length, they were no longer able to withstand the Gepida, who pressed in upon them from the mouths of the Vistula. In consequence of the loss of a great battle with the Gepida, they emigrated to Germany, where they advanced to the region of the Upper Rhine, and settled near the Allemanni. From them they took a considerable tract of country, and lived in almost continual war with them. In the beginning of the 5th century, with other German nations, they passed over into Gaul. After a long struggle, and many losses, they succeeded in obtaining possession of the south-eastern part of this country by a contract with the Romans. A part of Switzerland, Savoy, Dauphiny, Lionnais and Franche-Comté belonged to their new kingdom, which, even in the year 470, was known by the name of Burgundy. The seat of government seems to have been sometimes Lyons, and sometimes Geneva.-By their old constitution, they had kings, called hendinos, whom they chose and deposed at their pleasure. If any great calamity befell them, as a failure of the crops, a pestilence, or a defeat, the king was made responsible for it, and his throne was given to another, under whom they hoped for better times. Before their conversion to Christianity (which happened after their settlement in Gaul), they had a high-priest, called sinestus, whose person was sacred, and whose office was for life. The trial by combat even then existed among them, and was regarded as an appeal to the judgment of God. Continually endeavoring to extend their limits, they became

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engaged in a war with the Franks, by whom they were finally wholly subdued, under the son of Clovis, after Clovis himself had taken Lyons. They still preserved their constitution, laws and customs for a time. But the dignity of king was soon abolished, and, under the Carlovingians, the kingdom was divided into provinces, which, from time to time, shook off their dependence. In 879, Boson, count of Autun, brother-in-law of king Charles the Bald, and duke of Milan, with the assent of the Burgundian nobles, succeeded in establishing again the royal dignity in this kingdom. He styled himself king of Provence. His residence was at Arles, and hence is derived the name kingdom of Arles. He was deprived of several provinces by Louis and Carloman; but his son Louis added to his hereditary possessions the country lying beyond the Jura, and thus established the kingdom of Burgundy, Cis-Jurana, or Lower Burgundy, which included a part of Provence, with Arles, Dauphiny, Lionnais, Savoy, and a part of FrancheComté. A second kingdom of Burgundy arose when the Guelph Rodolph von Strettlingen (duke of Swiss Lorraine) gained possession of the rest of Lorraine, namely, Switzerland beyond the river Reuss, the Valais, and a part of Savoy, and, in short, all the provinces between the Jura and the Pennine Alps, and caused himself, in 888, to be crowned king of Upper Burgundy (regnum Burgundicum Transjuranum). Both Burgundian kingdoms were united about the year 930, and, after the race of Rodolph became extinct (1032) were incorporated with Germany, under the emperor Conrad II. But third state, which had its origin about the same time with Upper Burgundy, consisting, principally, of the French province Bourgogne (Burgundy, properly so called), and the founder of which is said to have been Richard, brother of Boson (first king of Lower Burgundy), maintained its independence. From Ludegardis, granddaughter of Richard, and her husband, Otho, a brother of Hugh Capet, sprang the ancient dukes of Burgundy (Bourgogne). They became extinct, in 1361, with the death of duke Philip, and Burgundy was immediately united, by king John of France, with the French crown, partly as a fiet of the kingdom, and partly because his mother was sister of the grandfather of the last duke. The dignity of duke of Burgundy was restored in 1363, by his grant of those domains, under the title of

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a dukedom, as an appanage to his youngest and favorite son, Philip the Bold. Philip was the founder of the new line of the dukes of Burgundy. In 1368, he married Margaret, the widow of the last duke Philip of the old line, only daughter and heiress of Louis III, count of Flanders, whereby he greatly augmented his possessions. At that time, Flanders, Mechlin, Antwerp and Franche-Comté fell to him. In 1402, he was made regent of France, on account of the sickness of Charles VI. Louis, duke of Orleans, brother of the king, being obliged to yield to him this dignity, conceived a bitter hatred against him. This was the occasion of the famous division of the French into the Orleans and Burgundian parties. In 1404, Philip died, and was succeeded by his son, John the Fearless. Orleans now became regent of France. But both cousins remained bitter enemies, till, under the walls of Montfauçon, at the commencement of a civil war (1405), they embraced each other in the sight of the whole army, and, as a pledge of entire reconciliation, slept in the same bed the following night. Nevertheless, Orleans was assassinated in the street in 1407, and duke John of Burgundy declared himself the author of the deed, which was the melancholy cause of the greatest disturbances in Paris. Indeed, John obtained a letter of pardon from the king; but justice overtook him as he was about to repeat the farce of a public reconciliation with the dauphin, on the bridge of Montereau. While the first words of salutation were passing between them, he was stabbed by the companions of the dauphin (1419). His son and successor, Philip, surnamed the Good (previously count of Charolais), in the peace which was concluded between England and France and Burgundy (1420), succeeded in effecting the exclusion of the dauphin, as a punishment for the murder of duke John. In the reign of Philip happened his memorable dispute with Jacqueline of Brabant, and her second husband, the duke of Gloucester, which was settled by a treaty, by virtue of which Philip was to become the heir of Jacqueline (if she died childless), and she was not to marry without his consent. But Jacqueline violated this last stipulation (1430), and Philip took possession of her territories, Hainault, Holland and Zealand, setting aside a small portion for her maintenance. The year before, Philip had purchased Namur, and, in 1431, Brabant and Limburg reverted to him, when the line of Anthony of Burgundy,

second son of duke Philip the Bold, became extinct. In the peace with France (Arras, 1435), it was stipulated that king Charles VII should sue for pardon on account of the murder of John, and that Philip should receive from France the valuable districts of Macon, St. Gengou, Auxerre and Bar sur le Seine for himself and his lawful male and female heirs; Peronne, Mondidier and Roye for his lawful male heirs; and, further, St. Quentin, Corby, Amiens, Abbeville, Ponthieu, Dourlens, St. Riquier, Crevecoeur, Arleux and Mortagne, and the county of Boulogne, for himself and his heirs. To these important possessions he added also, in 1441, the duchy of Luxemburg. In 1430, Philip had contracted a third marriage, as his two former wives had borne him no children. On his marriage with Isabella (Elisabeth), daughter of king John of Portugal, at Bruges (q. v.), in Flanders, he founded the order of the golden fleece. Three sons sprung from this marriage, of whom the two first soon died. The third, Charles count Charolais, after the death of Philip (at Bruges, July 16th, 1467), became duke of Burgundy. (See Charles the Bold.) He acquired Gueldres in 1475, and left behind him, in 1477, a daughter, Maria, the sole heiress of his states. Seven princes were her suitors, among whom were the dauphin of France and Maximilian of Austria. The last obtained her hand and the dukedom (the Netherlands and Upper Burgundy). The king of France received, of the Burgundian territory, nothing except the cities in Picardy and the dukedom of Bourgogne, which he assumed as being a male fief. Maria died in her 25th year, in consequence of a fall, leaving three children, Philip, Margaret and Francis (who died soon after). The Burgundian provinces would not all recognise Maximilian as the guardian of his children. He betrothed his daughter to the dauphin, Charles, with the county of Artois and Burgundy, together with the Maconnais, Auxerrois, Salins and Bar sur le Seine, as her dowry. But his object, which was wholly to pacify the provinces, was not attained. The people of Flanders were particularly obstinate, and they went so far that Maximilian, two years after his election as king of the Romans (1488), was retained a prisoner at Bruges for more than three months. Finally, the people of Flanders acknowledged him as guardian of his son Philip, and regent of the government. Burgundy was, as we have seen above, separated into two parts

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BURGUNDIANS-BURGUNDY WINES.

Burgundy Proper, and Upper Burgundy or Franche-Comté. The former was transferred from Spain to France in the ladies' peace, so called, of Cambray, 1529. (See Francis I.) The latter Louis XIV conquered, and retained at the peace of Nimeguen. Since that time, the Burgundies have never been separated from France. (See Netherlands, Kingdom of.) The baron Barante, peer of France, published at Paris, in 1824, in 10 volumes, a Histoire des Ducs de Bourgogne de la Maison de Valois (1364—1477).

BURGUNDY (called, also, Burgundy Proper, or Lower Burgundy); formerly a province in the east of France, lying on the west of Franche-Comté, and on the south of Champagne. It was divided into the duchy of B. and four counties. It now forms the four departments of Yonne, Côte-d'Or, Saône-et-Loire and Ain, containing, according to official tables for 1827, 1,570,463 inhabitants. It is watered by a number of navigable rivers. The central canal joins the Loire with the Saône; that of B. will connect the Seine and the Rhone; and that of Monsieur will unite the Saône with the Rhine. B. is one of the most productive provinces in France. The plains are rich in arable land, the sides of the hills are covered with vineyards and fruit-trees, while the summits abound in pastures, wood and game. The principal product is wine. (See Burgundy Wines.) Iron ore and other minerals are found in the mountains. (See Burgundians.)

BURGUNDY, circle of; one of the 10 circles of the German empire, as divided by Maximilian in 1512. At first it comprised the Franche-Comté and the 17 provinces of the Netherlands. The 7 Dutch provinces having declared themselves independent, and the Franche-Comté being conquered by France, the Spanish or Austrian Netherlands alone composed the

circle.

BURGUNDY, Louis, duke of, was born at Versailles, in 1682. His parents were the dauphin, son of Louis XIV, and the princess Anne of Bavaria. In his early childhood, he was stubborn, irascible, obstinate, passionately fond of every kind of pleasure, and inclined to cruelty, severe in his satire, attacking with great penetration the follies of those about him. The education of the prince was intrusted, in the seventh year of his age, to Fenelon, Fleury, and Beauvilliers. They succeeded in gaining his affection, and in giving him a right turn of mind. From this alteration in his character, he became amia

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ble, humane and modest, and faithful in the discharge of his duties. In 1697, he married the intelligent and amiable princess Adelaide of Savoy, who was the ornament of her court, and was beloved by her husband with the tenderest affection. In 1699, Louis XIV ordered an encanipment at Compiegne for the instruction of his grandson, to whom, in 1702, he gave the command of the army in Flanders. under the direction of marshal Boufflers. In a battle between the cavalry, near Nimeguen, he showed determination and courage. Afterwards, under the most difficult circumstances, he was appointed commander-in-chief of all the forces in Flanders, but with instructions which made him dependent on the duke of Vendôme; Marlborough and prince Eugene having command of the opposing army. The differences which arose between the prince and Vendôme drew after them the most disastrous consequences. All France accused the prince as the author of these misfortunes, censuring his timid character and his religious scruples. He, how ever, appears to have succeeded in justifying his conduct in the eyes of the king. Vendôme, on the contrary, who had behaved very insolently towards the heir to the throne, fell into disgrace, but was favored by the opposition party. In 1711, the duke of Burgundy became dauphin, by the death of his father, and now began to attract the attention of the court, and the confidence of his sovereign, who appointed him a counsellor of state. France expected, from the virtues and excellent intentions of this prince, to enjoy a long and general rest from her troubles; but he was suddenly taken away, Feb. 18, 1712, by a disease to which his wife and eldest son had already fallen victims, the one 6, the other 20 days before.' In less than one year, France had seen three dauphins; and the fourth, the youngest son of the duke of Burgundy, and the only heir to the throne, afterwards Louis XV, was also in a dangerous situation. The public voice loudly accused the duke of Orleans, afterwards regent, as the cause of these misfortunes, of which, however, Louis XIV himself declared him innocent.

BURGUNDY WINES are produced in the former provinces of Upper and Lower Burgundy (q. v.), in a soil of a light-black or red loam, mixed with the débris of the calcarious rock on which it reposes. In richness of flavor and perfume, and all the more delicate qualities of the juice of the grape, they are inferior to none in the world. It is to the great skill with which

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BURGUNDY WINES-BURIATS.

the cultivation of the vine and the fermentation of the liquor are managed, that they owe those generous qualities, which gave to the dukes of Burgundy the title of princes des bon vins, and which, as Petrarch more than hints, contributed not a little to prolong the stay of their holinesses at Avignon. They are remarkable for their spirituosity and powerful aroma, and are, therefore, more heating than some other wines which contain more alcohol. The exhilaration they produce is, however, more innocent than that resulting from heavier wines. The finer wines of Burgundy do not bear removal except in bottles; and, as they are not produced in great abundance, they are rarely, if ever, met with in foreign countries. It is the inferior growths which are sold under that name. The Burgundy wines are generally exported between January and May, chiefly in double casks. They keep only four or five years, and are very apt to acquire a bitter taste, which Chaptal attributes to the developement of the acerb principle, and Henderson to that of citric ether. It may sometimes be partially removed by new sulphuring and fining. The most numerous are the red wines of Burgundy. The finest growths of these are the Romanée-Conty, the Chambertin (the favorite of Louis XIV and Napoleon), the Closbougeot, the Richebourg, the Romanée de St. Vivant, &c. They are distinguished for their beautiful color, and exquisite flavor and aroma, combining more than any other wines lightness and delicacy with richness and fulness of body. Of the second class are the vins de primeur, of which the Volnay and Pomard are the best; those of Beaune, distinguished above all by their pure flavor, and formerly considered the most choice of the Burgundy wines; the Macon wines, remarkable for their strength and durability; those of Tonnerre and Auxerre, &c. The white wines of Burgundy are less numerous, but not inferior in aroma and flavor. The famous Montrachet is equal to the finer red wines, and is distinguished for its agreeable nutty flavor. Of the second class are the Goutte d'or, so called from the splendor of its tint; La Perrière, &c. (See Jullien's Classification des Vins, and Henderson's Ancient and Modern Wines.) BURIAL. Great care should be taken not to bury the body too soon after death. The ancient nations endeavored to satisfy themselves, by many precautions, that death had really taken place. The ancient Egyptians embalmed their dead; the

Romans cut off one of their fingers, before they burnt them; other nations repeatedly washed and anointed them. Interments should never be allowed before the most undoubted symptoms of putrefaction have taken place. We should wait at least three days in winter, and two whole days in summer, unless the hot weather requires a quicker interment. It would be well to introduce the custom of exposing the corpse to the inspection of a person regularly instructed for this purpose, who should carefully and repeatedly examine it, and none should be interred without the certificate of this inspector. In many cases, it is troublesome, and even dangerous, to keep the body long, as in case of contagious diseases, or of want of room. In many places, to obviate this inconvenience, houses are erected, where the corpse is brought a few hours after the decease. (See Trance; also Burying-Places and Sepulture).

BURIATS, BURATS, or BURATTI. This nomadic Tartar nation consists of 77 tribes. They submitted to the Russian sceptre in 1644, and form the second principal branch of the Calmucs. They rove about in the southern part of the government of Irkutsk. Their number is upwards of 100,000. They can furnish 32,000 archers, and choose their own princes an elders. Their choice is confirmed, how ever, by the government of Irkutsh They support themselves by their flocks by hunting, and the mechanical arts, par ticularly the forging of iron. Their dress is leather bordered with fur. The B. protect their huts, which are hexagona. or octagonal, from heat and cold by covering them with leather. These huts they call jurtes. The religion of this people is partly Lamaism and partly Shamanism. They call their supreme God Octorgon Burchan, or Tingiri Burchan (God of heaven). The planets are inferior gods; and the chief of the evil spirits is called Ockodol. The idols of Lamaism, like those of Shamanism, are sometimes painted on cloth, and sometimes made of wood, metal, felt and sheep-skin. The smoke of the jurtes makes the idols, disgusting in themselves, still more disgusting. The worshippers of the Grand Lama have this peculiarity, that male forms are the basis of their idols. As the female sex in this nation is considered unclean, they may not approach the place where the household gods are arranged. The male B. always burn incense, to purify any place where a woman has been sitting, before they sit

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