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Encyclopedia Britannica



BURGAGE (from Lat. burghs, a borough)

This article appears in Volume V04, Page 812 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: BUN-CAL
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
 , is of less
practical
  importance in the English than in the Scottish
system
 , where it held an important place in the practice of conveyancing, real property having been generally divided into feudal-holding and burgage-holding. Since the Conveyancing (
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
  of the Norman conquest and its feudalism, but it is perhaps more correct to consider it a local feature of that general exemption from feudality enjoyed by the municipia as a relic of their ancient Roman constitution. The reason for the
system
  preserving for so
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
  of which was Borough-English (q.v.).
See Pollock and Maitland, History of English Law (1898).


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