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BURGAGE (from Lat. burghs, a borough)

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Originally appearing in Volume V04, Page 812 of the 1911 Encyclopedia Britannica.
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BURGAGE (from See also:Lat. burghs, a See also:borough)  , a See also:form of See also:tenure, both in See also:England and See also:Scotland, applicable to the See also:property connected with the old municipal corporations and their privileges . In England, it was a tenure whereby houses or tenements in an See also:ancient See also:borough were held of the See also:king or other See also:person as See also:lord at a certain See also:rent . The See also:term, is of less See also:practical importance in the See also:English than in the Scottish See also:system, where it held an important See also:place in the practice of See also:conveyancing, real property having been generally divided into feudal-holding and See also:burgage-holding . Since the Conveyancing (Scotland) See also:Act 1874, there is, however, not much distinction between burgage tenure and See also:free holding . It is usual to speak of the English burgagetenure as a relic of Saxon freedom resisting the See also:shock of the See also:Norman See also:conquest and its See also:feudalism, but it is perhaps more correct to consider it a See also:local feature of that See also:general exemption from feudality enjoyed by the municipia as a relic of their ancient See also:Roman constitution . The See also:reason for the system preserving for so See also:long its specifically distinct form in Scottish 'conveyancing was because burgage-holding was an exception to the system of See also:subinfeudation which remained prevalent in Scotland when it was suppressed in England . While other vassals might hold of a graduated See also:hierarchy of overlords up to the See also:crown, the See also:burgess always held directly of the See also:sovereign . It is curious that while in England the burgage-tenure was deemed a See also:species of See also: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 See also:defence of the See also:burgh . In England the franchises enjoyed by burgesses, freemen and other See also:consuetudinary constituencies in burghs, were dependent on the See also:character of the burgagetenure . Tenure by burgage was subject to a variety of customs, the See also:principal of which was Borough-English (q.v.) . See See also:Pollock and See also:Maitland, See also:History of English See also:Law (1898) .

End of Article: BURGAGE (from Lat. burghs, a borough)
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