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Concept
Burglary
Summary
Burglary, also called breaking and entering (B&E) and sometimes housebreaking, is the act of illegally entering a building or other areas without permission, typically with the intention of committing a criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of Institutes of the Lawes of England (pub. 1644), that the word Burglar ("or the person that committeth burglary"), is derived from the words burgh and laron, meaning house-thieves. A note indicates he relies on the Brooke's case for this definition.
According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward Coke:) "The word burglar comes from the two German words burg, meaning "house", and laron, meaning "thief" (literally "house thief")."
Another suggested etymology is from the later Latin word burgare, "to break open" or "to commit burglary", from burgus, meaning "fortress" or "castle", with the word then passing through French and Middle English, with influence from the Latin latro, "thief". The British verb "burgle" is a late back-formation.
Ancient references to breaking into a house can be found in the Code of Hammurabi (no. 21) and the Jewish Bible (Exodus 22:2).
Sir Edward Coke, in chapter 14 of the third part of the Institutes of the Lawes of England, describes the felony of Burglary and explains the various elements of the offence. He distinguished this from housebreaking because the night aggravated the offence since the night time was when man was at rest. He also described the night as the time when the countenance of a man could not be discerned.
In Pleas of the Crown. A Methodical Summary, Sir Matthew Hale classifies Burglary and Arson as offences "against the dwelling or habitation".
Official source
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