Legal Definitions - burgage

Burgage

Burgage refers to a historical form of land tenure, primarily found in medieval towns and boroughs. It was a distinctive way for urban dwellers to hold property, differing from the more common rural landholding arrangements of the time.

• In England and similar systems, burgage typically meant that a tenant held land or property within a borough by paying a fixed annual rent to the local lord, rather than providing military service or agricultural labor. This allowed for a more stable and commercial urban environment.
• In Scots law, burgage specifically described the tenure by which a royal burgh (a type of town with special privileges) held its land directly from the King. In exchange, the burgh's inhabitants collectively owed a service known as "watching and warding," which involved guarding the town and maintaining its security.

Here are some examples illustrating the concept of burgage:

• Example 1: An English Merchant's Property

  Consider a prosperous cloth merchant named Thomas in the medieval English town of Bristol. Thomas owned his shop and the house above it within the town walls. Under burgage tenure, he paid a small, fixed annual rent to the Lord of Bristol for the right to occupy and use his property. This arrangement meant Thomas was secure in his urban dwelling and could focus on his trade, without being obligated to provide military service to the lord, which was common for rural tenants.

  This example illustrates burgage as a form of urban landholding where a tenant paid a consistent monetary rent to a local lord, ensuring stable property rights for townspeople engaged in commerce.

• Example 2: A Scottish Royal Burgh's Obligations

  The town of Perth, a royal burgh in medieval Scotland, held its entire municipal territory directly from the Scottish Crown through burgage tenure. In return for this significant privilege and the right to govern itself, the citizens of Perth were collectively responsible for "watching and warding." This meant they had to provide guards to patrol the town's defenses, maintain its gates, and ensure the general security of the burgh, especially during times of unrest or potential invasion.

  This example demonstrates the Scottish application of burgage, where a burgh held land directly from the king in exchange for specific communal services related to defense and security.

• Example 3: Hereditary Urban Property

  Imagine the Miller family in the 14th-century borough of Norwich, who had owned their mill and adjacent cottage for generations. Their property was held under burgage tenure, meaning they paid the same modest annual rent to the local baron year after year. This fixed payment and the hereditary nature of their tenure provided the Millers with a strong sense of ownership and stability, allowing them to pass their urban property down through the family without fear of arbitrary eviction or increased demands for service.

  This example highlights the hereditary aspect and the fixed nature of the rent under burgage tenure, which provided urban families with secure, long-term property rights.