( 231 ) ed from the prædo and robbator (robber) as well as the latro and fur, (thief). Fleta, lib. 1, c. 16, § 6. Id. c. 20, § 5. Id. lib. 2, c. 52, § 9. See Burglar. BURGBOTE, Burghbote. Sax. [from burg, a castle, or town, and bote, reparation.] In old English law. A tribute or contri6, cited in Blount, voc. Bound. And see Reg. Orig. 263 b. Reg. Jud. 84 b. ( 232 ) same capacity to be exempt from certain gensis, burgarius.) Williem, King, grets burthens, and to be subject to certain liaWilliem, bisceop, & Godfred portrefan, & bilities. 3 Steph. Com. 189. Domesday ealle tha burghwarn binnan London, &c.; Book, cited ibid. Spelman, voc. Burgarii. William, King, greets William, bishop, Stat. Merton, c. 7. and Godfrey, portgreve, and all the burgesses within London. The commencement of a charter granted by William the Conqueror to the city of London. Spelman. Cowell, voc. Portgreve. Blount, h. v. (233) include offences committed by day as well as by night, and in other buildings than dwelling-houses; and various degrees of the crime have been established by statute in several of the states. Wharton's Am. Crim. Law, 350, 352. **The term burglary, according to Spelman, is of Norman origin, the corresponding term in Saxon law being husbrec. It is usually supposed to be derived either from the Lat. burgus, a town, dwelling or enclosed place, and latrocinium, robbery, or from Fr. bourg, and larrecin, of similar significations; its radical meaning being the robbery, (or the breaking into, with a view to the robbery) of any fenced or enclosed place, as distinguished from the open country. Spelman, voc. Burglaria. Cowell. See Burgus. Hence it originally signified the breaking open, not only of a dwellinghouse, but of a church, and also the breaking of the walls or gates of a town (burgus), or city, (which, after the civil law, were anciently considered sacred,) with intent to commit a felony. Spelman. Bract. fol. 8, 207 b. So Britton defines burglars to be "those who feloniously, in times of peace, break churches, or the dwelling-houses of others, or the walls or gates of cities, or burghs." Britt. c. 10. The circumstance of breaking by night, (noctanter,) was not originally considered a characteristic of this crime, but seems to have been introduced in the reign of Edward IV. Spelman. 4 Reeves' Hist. Eng. Law, 539. Crabb's Hist. E. L. 309. Bracton classes burglars with robbers and murderers, who practice their wickedness by day and by night; (murdritores, et robbatores, et burglatores, qui malitiam suam exercent die ac nocte.) Bract. fol. 115 b.