See also:BURGAGE (from See also:Lat. burghs, a See also:- BOROUGH (A.S. nominative burh, dative byrig, which produces some of the place-names ending in bury, a sheltered or fortified place, the camp of refuge of a tribe, the stronghold of a chieftain; cf. Ger. Burg, Fr. bor, bore, bourg)
- BOROUGH [BURROUGH, BURROWE, BORROWS], STEVEN (1525–1584)
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 (A.S. nominative burh, dative byrig, which produces some of the place-names ending in bury, a sheltered or fortified place, the camp of refuge of a tribe, the stronghold of a chieftain; cf. Ger. Burg, Fr. bor, bore, bourg)
- BOROUGH [BURROUGH, BURROWE, BORROWS], STEVEN (1525–1584)
borough were held of the See also:- KING
- KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
- KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
- KING, CHARLES WILLIAM (1818-1888)
- KING, CLARENCE (1842–1901)
- KING, EDWARD (1612–1637)
- KING, EDWARD (1829–1910)
- KING, HENRY (1591-1669)
- KING, RUFUS (1755–1827)
- KING, THOMAS (1730–1805)
- KING, WILLIAM (1650-1729)
- KING, WILLIAM (1663–1712)
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)
.
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