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Legal Definitions - burgess

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Definition of burgess

The term burgess is a historical legal term, primarily used in medieval and early modern England, referring to an individual with specific rights or roles within a self-governing town or borough. It encompassed several distinct meanings:

  • An inhabitant or freeman of a borough, often holding certain privileges not available to others.
  • A magistrate or official responsible for local governance within a borough.
  • A person who possessed the right to vote in elections for a borough.
  • An elected representative sent by a borough to a legislative body, such as Parliament.

Here are some examples illustrating the different applications of the term:

  • Example 1 (Inhabitant/Freeman): In 14th-century England, a skilled artisan who had resided in the walled town of Norwich for a specified period and fulfilled certain civic duties might be formally recognized as a burgess. This status granted him the privilege to own property, trade freely within the town's markets without paying extra tolls, and participate in local assemblies, distinguishing him from temporary residents or those living outside the borough's jurisdiction.

  • Example 2 (Local Official/Magistrate): Imagine a prominent landowner in the 16th-century borough of Rye who was appointed to oversee local justice and administration. In this capacity, he would serve as a burgess with magisterial powers, responsible for presiding over minor court cases, enforcing local ordinances, and ensuring the smooth running of the town's daily affairs, much like a modern-day local councilor or justice of the peace.

  • Example 3 (Parliamentary Representative): During the reign of King James I, the thriving port town of Dover would elect one of its respected citizens to represent its interests in the House of Commons. This individual, referred to as a burgess, would travel to London to participate in parliamentary debates, vote on national legislation, and advocate for the specific needs and concerns of Dover, such as trade policies or coastal defenses, directly to the Crown and other members of Parliament.

Simple Definition

Historically, a burgess was an inhabitant or freeman of a borough or town, often with voting rights. The term also referred to a magistrate governing such a town. Most notably, a burgess could be a representative elected to Parliament for a borough or town.

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