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nearly equal. The difficulty was settled by Napoleon, who contributed 3,000 francs for a second prize. Bürg's most important publications relate to lunar motions.

BURGDORF (Fr. Berthoud), a town of Switzerland, on the Emmen, in the canton and 11 m. N. E. of Bern; pop. in 1870, 5,078. It was formerly the capital of Little Burgundy, the castle being then of great strength. In the vicinity are the baths of Sommerhaus. From 1798 to 1804 Pestalozzi resided in the château of Burgdorf, which he converted into a school. BÜRGER, Gottfried August, a German poet, born at Molmerswende, Dec. 31, 1747, died in Göttingen, June 8, 1794. A comic poem of his composition drove him from the school of Aschersleben, and his dislike of theology from the university of Halle. In 1768 he went to Göttingen, where he studied the languages and poetry of foreign nations, and Shakespeare became one of his idols. An insignificant public office in a village near Göttingen gave him a small income. He associated with the poets who founded the Hainbund, and while at the village of Gelliehausen composed the ballad Lenore, published in the Göttinger Musenalmanach für 1774. This made him famous, but left him poor. Losing his office in 1784, he worked hard to support himself by teaching and translations, and by other literary work. In 1787 he began to lecture on Kantian philosophy and æsthetics in Göttingen, and was made doctor of philosophy, and in 1789 honorary professor. He had married in 1775 Dorette Leonhart, who bore him a child, but he lived at the same time, with the wife's cognizance, with her youngest sister Auguste, or Molly, as he called her in his poems, who bore him two children. Dorette died in 1784; he then legalized his union with Molly, who died in 1786. In 1790 he married Christine Elise Hahn of Stuttgart, the Swabian girl (Schwabenmädchen), as he designated her, who had offered him her hand without having ever seen him. But she deserted him, and they were divorced in February, 1792. Bowed down by misfortune, and already suffering from consumption, Schiller's unfavorable review of his poems in the Allgemeine Literaturzeitung was an additional blow which hastened his death. Lenore, Das Lied vom braven Manne, Der wilde Jäger, and Des Pfarrers Tochter von Taubenhain are among his most stirring ballads; and these as well as many of his other compositions give him a high rank among poets. His ballads have been translated into many languages, Lenore into English by Sir Walter Scott. He contributed much to the improvement of the German language, and wrote on æsthetics and various other subjects. He was the first to give German versions in hexameter from the Iliad and the Eneid, and translated "Macbeth" into German. His literary activity was prodigious. His complete works were first published by Reinhard (4 vols., Göttingen, 1796-'8), who also published Bürger's LehrVOL. III.-29

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buch der Aesthetik (2 vols., Berlin, 1825), after his lectures at Göttingen, and a supplementary volume, Aesthetische Schriften (1832). Doubt was, however, expressed as to the genuineness of these posthumous publications. The collected edition by Bohtz, in one volume (Göttingen, 1834), contains Bürger's correspondence and the excellent biography of him by Althof, first published in 1798. Among his other biographers are Döring, and more recently Pröhle (Leipsic, 1856). Various works have been published upon his conjugal relations, and his Briefe an Marianne Ehrmann, published in 1802 by Theodor F. Ehrmann, give curious details in respect to the latter part of his life. His third wife died in 1833, having been an actress, and written poems, a drama, and a novel.

BURGES, Tristam, an American statesman, born in Rochester, Mass., Feb. 26, 1770, died in Providence, R. I., Oct. 13, 1853. He graduated at Rhode Island college (now Brown university), Providence, in 1796, studied law, and became a leader of the Rhode Island bar. In 1815 he was made chief justice of the state, but went out of office in 1816 with the defeat of the federalists, and became professor of oratory and belles-lettres in Brown university. He was a representative in congress from Rhode Island from 1825 to 1835. A speech on the judiciary soon made him prominent. He submitted a bill proposing a system of pensions for the surviving soldiers of the revolution, and made many brilliant speeches in support of a protective tariff. He used sarcasm with great effect in debate, especially in his famous dispute with John Randolph. Though generally opposed to President Jackson, he fully sustained his course in respect to nullification. His vehement opposition to Mr. Clay's compromise tariff bill contributed to his losing his seat in congress in 1835, after which he retired from public life. He published a number of his speeches, and in 1839 appeared his "Battle of Lake Erie, with Notices of Commodore Elliott's Conduct." A memoir of him, with selections from his speeches and writings, was published by Henry L. Bowen in 1835, and another memoir appeared in 1869.

BURGESS, George, D. D., an American bishop, born in Providence, R. I., Oct. 31, 1809, died at sea, April 23, 1866. He graduated at Brown university, where he became tutor, and afterward studied two years at Göttingen, Bonn, and Berlin. He was rector of Christ church (Episcopal), Hartford, from 1834 to October, 1847, when he was consecrated bishop of the diocese of Maine, becoming also rector of Christ church at Gardiner. He was a leader of the moderate church party. Toward the close of his life he established an Episcopal mission in Hayti, and died of paralysis while he was on his way to Port-au-Prince. His writings include a metrical version of a portion of the Psalms (1840), "The Last Enemy Conquered and Conquering " (1851), and "Sermons on the Christian Life" (1854).

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, because, as explained by Lord Coke, it is domus mansionalis Dei. 2. The breaking may be either actual or constructive. It is actual when any impediment to an entry is overcome or removed, 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

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 student 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 literature, of which he was president from 1821 to 1832. His biographer, J. S. Harford, enume-structive when an entry is gained by fraud, rates nearly 100 publications, theological, classical, 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 Abolition of Slavery" (1789), he recommended gradual emancipation.

BURGH, James, a Scottish writer, born at Madderty, Perthshire, in 1714, died at Islington, London, Aug. 26, 1775. He was a cousin of the historian Robertson. He prepared himself 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 Remembrancer" passed through many editions; and having been published anonymously, it was ascribed 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).

BURGHLEY, Lord. See Burleigh.

BURGLARY (law Lat. burgi 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 occupied, the fact that no one was in the house at the time of breaking into it will make no difference 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, provided they are in a common enclosure, called curtilage. So also a room in a private house which the lodger occupies as his own, independent 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 hotel or boarding house, where the apartments

conspiracy, or threats. The breaking of an inner door, where an entrance has been obtained through an open door or window, will be sufficient; and so would be knocking at a door, and upon its being opened rushing in with felonious 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 person 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 include 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 misdemeanor, 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 therein, or being in such dwelling house shall commit 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 than five, or imprisonment not more than two years, with or without hard labor, and with or without solitary confinement.-In the United States burglary is a felony, punishable with imprisonment as prescribed 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 confounded with burglary, differs from it in being an assault 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, 5,650 sq. m.;

pop. in 1867, 357,846. It is traversed by ranges of the Pyrenees and the Iberian mountains, the principal chain being the sierra de Oca. The Ebro in the north, the Arlanzon in the centre, and the Douro in the south are the principal rivers. The climate is cool and variable, the short springs being often succeeded by scorching heat. Minerals abound, but are neglected. Timber is abundant, and there are valuable fisheries. Linen, woollen, and cotton goods and other articles are manufactured. The trade is chiefly inland. Education is making progress, and crime is rare. Among the towns are Aranda, Lerma, and Miranda. II. A city, capital of the province, 130 m. N. of Madrid; pop. in 1867, including the suburbs, about 27,000. It is situated in a fertile plain nearly 2,900 feet above the sea, and built in the form of an amphitheatre around a hill, on the right

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bank of the Arlanzon, an affluent of the Pisuerga; the river partly divides the city from the suburbs La Vega, Las Huelgas, and San Pedro. The principal promenade is the Espolon, adorned by many statues of kings; the Cubos and Isla promenades are on the banks of the river. On the summit of the hill, occupying the site of the old castle, is the citadel, with new fortifications. In the calle Alta is an arch erected in honor of Fernando Gonzales. The site of the house in which the Cid lived is marked by a pillar and two obelisks, though the house itself was removed in 1771. The bones of the Cid were transferred in 1842 from the neighboring convent of San Pedro de Cardina to the town hall of Burgos. The Gothic cathedral of Burgos is among the most renowned in Europe for its architecture and works of art. Its 14 chapels contain many fine sepulchral

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monuments and paintings. Behind the cathe-ing region is fertile in cereals, flax, hemp, dral is the church of Santa Aguida or Gardea, where the Cid compelled Alfonso VI. to swear that he had no part in the assassination of his brother Sancho. The finest church after the cathedral is San Esteban. The church of San Ildefonso is now used as a depot of artillery, San Juan Bautista as a prison, San Pablo as barracks, and other old churches have been appropriated to other purposes, or pulled down. There are many convents, hospitals, charitable institutions, colleges, schools, and a royal gymnasium; but the once famous university has long ceased to exist. The situation of Burgos on the high road from Madrid to Paris favors trade, which is especially active in wool and woollen fabrics; an annual fair is held in June. The manufactures include woollens, linens, hats, and leather. The surround

vegetables, and fruits. Burgos is the seat of a cardinal archbishop, of a captain general, and of several courts of justice and a chamber of commerce. Near the city is the Carthusian convent of Miraflores, a famous Gothic building, containing the tombs of John II. and his queen Isabella, and the nunnery of Santa Maria del Real, popularly called Las Huelgas, on account of its being situated on pleasure grounds (huelgas) which belonged to Alfonso VIII.-Burgos was founded late in the 9th century by Diego de Porcelos, who built a castle as a protection against the Moors. It afterward rose to great importance, with a population variously estimated at 40,000, 50,000, and even 80,000, and became the capital of Castile. It declined after the beginning of the 16th century, when Charles V. made Madrid the me

tropolis of Spain. Soult nearly annihilated the Spanish army at Burgos, Nov. 10, 1808; and in 1813 the fortress was captured by Wellington, after having withstood four assaults in 1812.

died in London, Oct. 7, 1871. He entered the army in August, 1798, as second lieutenant of engineers; served at Malta, in Egypt, in Sicily, and in Sweden, from 1800 to 1807; was with Sir John Moore in the peninsula in 1808, under Wellington from 1809 to 1814, and was present at the principal battles and sieges, conducted the sieges of Burgos and San Sebastian, and was twice wounded. In 1814-'15 he was engineer-in-chief of the attack on New Orleans, and in 1826 was sent to Portugal in the same capacity. In 1830 he was made colonel and appointed chairman of the board of public works in Ireland; major general in 1838; and was inspector general of fortifications of England from 1845 to 1858. The famous letter of the duke of Wellington, showing how ill prepared England was for war and against invasion, was addressed in 1847 to Burgoyne, then inspector general of fortifications. He served as lieutenant general on the staff and second in command of the British forces in the Crimea in 1854 and 1855. He was created a baronet in March, 1856. In 1859 he published, under the title of “Military Opinions," one of the best essays relating to a French invasion of England. In 1865 he became constable of the tower of London and field marshal. His "Life and Correspondence," by Lieut. Col. the Hon. George Wrottesley, was published in 1873 (2 vols. 8vo).—His only son, HUGH TALBOT BURGOYNE, a captain in the navy, commanded the Wrangler at the capture of Kinburn in 1855, and in 1857 received marks of distinction from Queen Victoria and Napoleon III. He was lost at sea while in command of the turret ship Captain, which foundered off Cape Finisterre, Sept. 7, 1870.

BURGOYNE. I. John, an English general, born about 1730, died in London, August 4, 1792. He has been commonly represented as a natural son of Lord Bingley, but in Burke's "Peerage" he is mentioned as the grandson of Sir John Burgoyne of Sutton Park, Bedfordshire. While a subaltern in the army he married clandestinely a daughter of the earl of Derby. The earl settled £300 a year upon him, and used his influence for his promotion. In 1762 he served with distinction as brigadier general in Portugal. He was elected to parliament in 1761 for the borough of Midhurst. In 1768 he contested the borough of Preston at an expense of £10,000, and for excesses which it is said his partisans committed was prosecuted and fined £1,000. In the letters of Junius he was severely dealt with, on account of his presumed political connection with the duke of Grafton. In 1772, on his motion, parliament appointed a committee of inquiry on Indian affairs, and in the following year he moved unsuccessfully for a vote of censure on Lord Clive. Being appointed to a command in America, he reached Boston in May, 1775, and saw the battle of Bunker Hill, of which he wrote a graphic account to Lord Stanley. He returned home in December, 1776, was appointed lieutenant general, and placed in command of the British army in Canada, where he arrived early in 1777. Having invited the Indians to join him, he captured Ticonderoga, July 6, but was defeated at Stillwater, N. Y., Sept. 19, and at Freeman's farm, Oct. 7, and was compelled to surrender at Saratoga, Oct. 17, to the American army under Gates and Arnold. This surrender excited great indignation in England, and on his arrival in London the king refused to see him. A court martial which he demanded was refused, on the ground that a prisoner on parole could not be tried. He published a narrative which removed some of the prejudices against him, and vindicated himself in parliament, throwing the blame of his disaster upon the American secretary. He joined the opposition, and an ineffectual attempt was made to exclude him from parliament on ac- BURGUNDIANS, or Burgundil, the name of a count of his being a prisoner of war. He then primitive German race, a branch of the Goths, resigned all his appointments; but in 1782 he whose original territory lay between the Oder was restored to his rank in the army, and ap- and the Vistula, from which they were driven pointed privy councillor and commander-in-out by the Gepida. They settled between the chief in Ireland. In 1784 he retired from public life. He wrote in 1780 a comic opera, The Lord of the Manor," borrowed from the French, in 1786 a comedy, "The Heiress," which is still occasionally performed, and several other dramatic works. His plays and poems were collected and published in 2 volumes, in 1808. He died without legal issue. II. Sir John Fox, a British general, a natural son of the preceding, born in 1782,

BURGSCHMIET, Jakob Daniel, a German sculptor and bronze founder, born in Nuremberg in 1796, died March 7, 1858. He established in 1819 a manufactory of mechanical toys, and subsequently studied his art in his native town and in Paris. Among his notable productions are statues of Melanchthon, Albert Dürer (both in Nuremberg), Beethoven (in Bonn), the emperor Charles IV. (in Prague), and Luther (in Möhra). He died while at work upon the colossal monument of Radetzky at Prague, which has since been completed by his son-inlaw Lenz, who took charge of his studio.

Main and Neckar, and in A. D. 407, joining the Suevi, Alani, and Vandals, crossed the Rhine under the command of Gundicar, penetrated into Gaul, settling between the Alps, the Saône, and the Rhône, and established the Burgundian realm, of which Geneva, and subsequently Lyons, was the capital. This lasted till 534, when King Gundemar fell in battle against the Franks, who took possession of Burgundy. Gundicar fell in 436, fighting

against the Huns, and was succeeded by his son Gunderic, who was the ally of the Romans in their struggle with Attila. One of his successors, Gundebald, was the author of the Lex Gundebalda. Soon after their arrival in Gaul the Burgundians became Arian Christians, but Sigismund, the son and successor of Gundebald, embraced Catholicism.

others acknowledging the power of their own feudal lords, but most of them reverting to the French kings. III. Duchy of.-First Ducal House. While these kingdoms were passing through these vicissitudes, the N. W. part of old Burgundy had remained united to France, and formed one of its great feudal provinces. In the 10th century the duchy of Burgundy belonged to Henry, brother of Hugh Capet, and shortly afterward to the second son of Robert the Pious. This prince, who died in 1075, was the head of the first ducal house of Burgundy, which lasted till 1361. His successors, 11 in number, were among the 12 peers of France, and rivalled the most powerful princes of their times. They increased their hereditary dominions, especially by the annexation of the county of Burgundy or Franche-Comté, one of the provinces dismembered from the kingdom of Arles, and were besides during the 13th and 14th centuries possessors of a kingdom and two principalities in the East. They proved singularly constant in their loyalty to the kings of France. Several of them engaged in crusades, especially Hugh III. and his grandson Hugh IV. The latter accompanied Louis IX. in his expedition to Egypt, shared his captivity, and was liberated with him. By a treaty with Baldwin II., emperor of Constantinople, he became king of Salonica. Eudes IV., the last but one of the family, besides that kingdom, had also the principalities of Achaia and Morea.-Second Ducal House. On the death of Philip the Rouvre, the last of the preceding family, the duchy of Burgundy reverted for a short time to the crown of France. King John, to reward his third son, Philip the Bold, who had fought gallantly at Poitiers, bestowed this rich inheritance upon him, Sept. 6, 1363. He and his three successors were among the most famous historical characters of their age. (See PHILIP THE BOLD, JOHN THE FEARLESS, PHILIP THE GOOD, and CHARLES THE BOLD.) The last two dukes possessed regal power, and their dominions included not only Burgundy proper and several adjoining French fiefs, but the whole of the Netherlands, and finally the duchy of Lorraine and the imperial vicariate of Alsace. On the death of Charles the Bold in battle against René II. of Lorraine, whom he had dispossessed, Louis XI. at once seized on the duchy of Burgundy, Franche-Comté, Picardy, and Artois, as escheated French fiefs; he was, however, obliged to resign Franche-Comté, but retained the other provinces. Mary, the heiress of Charles, married Maximilian of Austria, whence the claims of Austria to the Burgundian provinces. The Low Countries and Franche-Comté were, however, all that it ever possessed. But these contests were the origin of protracted wars between France and Austria. IV. Prov

BURGUNDY (Fr. Bourgogne), the name of three kingdoms, of a feudal duchy, and lastly of a French province. I. First Kingdom of This was founded about 413 by the Burgundians, who gradually extended their dominions over the valleys of the Saône and the Rhône, their possessions being bounded N. by the Rhine, the Faucilles mountains, and a winding line falling in a S. W. direction to the Loire, E. by the Alps and the river Reuss, W. by the upper Loire, Ardèche, and lower Rhône, and S. by the Mediterranean; consequently including the French provinces known afterward as Burgundy, Franche-Comté, Lyonnais, the N. E. part of Languedoc, Dauphiny, and Provence, with the western parts of Switzerland and Savoy. About the year 500 Clovis, impelled by his wife Clotilda, a Burgundian princess, desirous of avenging her father's death, invaded Burgundy, and imposed a heavy tribute, and the sons of Clovis conquered the kingdom, which in 534 became part of the Frankish empire. It however preserved its name and local laws, and more than once had Merovingian kings of its own. II. Cisjurane and Transjurane. The Frankish dominion over Burgundy had lasted 300 years when the dismemberment of the Carlovingian empire occurred, and Burgundy was among the first to assert its independence. In 879 a number of bishops and noblemen conferred the crown upon Boso, count of Vienne, a mild and prudent prince, brother-in-law of Charles the Bald of France. His kingdom, from its situation in respect to France, was called Cisjurane, and sometimes Lower Burgundy, consisting of southwestern Franche-Comté, southern Savoy, Dauphiny, and Provence, with a part of Lyonnais. A little later, Count Rudolph of Upper Burgundy founded a second kingdom of Burgundy, the Transjurane, formed of western Switzerland to the Reuss, northeastern Franche-Comté, and northern Savoy. The two kingdoms were united in 930, but not integrally, under the name of the kingdom of Arles, which continued for about a century. Meanwhile the kings of Arles or Provence, unable to contend successfully against the nobles, were obliged to acknowledge the supremacy of the German emperors. Consequently, on the death of Rudolph III., in 1032, the emperor Conrad II., as lord paramount, took possession of the kingdom, so that the S. E. part of France became one of the provinces of the German empire.ince of. The duchy proper, from its reunion to It was now governed by imperial vicars; but early in the 14th century the various provinces of which it consisted separated; some, like the Swiss cantons, asserting their independence,

France in 1477, became one of the most important provinces of the kingdom. It was, moreover, one of the most loyal. When Francis I. by the treaty of Madrid agreed to restore

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