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Encyclopedia Britannica - Main :: BUN-CAL |
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BURGAGE (from Lat. burghs, a borough) , a form of tenure , both in England and Scotland , applicable to the property connected with the old municipal corporations and their privileges. In England, it was a tenure whereby houses or tenements in an ancient borough were held of the king or other person as lord at a certain rent. The term
practical
system
Scotland ) Act 1874, there is, however, not much distinction between burgage tenure and free holding. It is usual to speak of the English burgagetenure as a relic of Saxon freedom resisting the shock
system
long its specifically distinct form in Scottish 'conveyancing was because burgage-holding was an exception to the system of subinfeudation which remained prevalent in Scotland when it was suppressed in England. While other vassals might hold of a graduated hierarchy of overlords up to the crown, the burgess always held directly of the sovereign. It is curious that while in England the burgage-tenure was deemed a species of socage, to distinguish it from the military holdings, in Scotland it was strictly a military holding, by the service of watching and warding for the defence of the burgh . In England the franchises enjoyed by burgesses, freemen and other consuetudinary constituencies in burghs, were dependent on the character of the burgagetenure. Tenure by burgage was subject to a variety of customs, the principal
See Pollock and Maitland, History of English Law (1898). End of Article: BURGAGE (from Lat. burghs, a borough) If you wish, you can link directly to this article.
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