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Updated: May 28, 2025
If any do hold of us by fee-farm, or by socage, or by burgage, and he hold also lands of any other by knight's service, we will not have the custody of the heir or land, which is holden of another man's fee by reason of that fee-farm, socage, or burgage; neither will we have the custody of the fee-farm, or socage, or burgage, unless knight's service was due to us out of the same fee-farm.
Many successors followed; towns were bribed or constrained to choose the nominees of peers and country magnates; burgage tenements were bought up by noble families to secure votes; and the Restoration parliament had material reasons for treating Cromwell's reforms as void, and restoring rotten boroughs and fancy franchises.
The franchises of the forty shilling freeholder, of the householder paying scot and lot, of the burgage tenant, of the liveryman of London, of the Master of Arts of Oxford, were respected. The sense of the constituent bodies was taken with as little violence on the part of mobs, with as little trickery on the part of returning officers, as at any general election of that age.
The Duke of Albany and others went down to survey the field; and Henry Wynd was honoured with particular notice. "If thou wilt follow me, good fellow," said the Black Douglas, "I will change thy leathern apron for a knight's girdle, and thy burgage tenement for an hundred pound land to maintain thy rank withal."
His father finding him so practical and wise made over his whole fortune and business to him, and thus escaped the very heavy Heriot and Death Dues of those days, for he was a Socage tenant of St Remi in Double Burgage. But we stopped all that here in England by the statute of Uses, and I must be getting back to the road before the dark catches me.
The fourth he gave to mechanical persons to hold in burgage." The terms used apply to a much more recent period and more modern ideas. Caesar tells us "that the island of Britain abounds in cattle, and the greatest part of those within the country never sow their land, but live on flesh and milk.
In addition to the advantages of the municipal organization mentioned above, all burgesses were personally free, there was entire exemption from the vexatious petty payments of the rural manors, and burgage tenure was thee nearest to actual land ownership existent during the Middle Ages.
Many a burgess supplemented the profits of a trade by tilling acres in the common fields and grazing cattle on the common pastures; pigs and poultry scavenged in the streets; the farmyard was a usual adjunct of the burgage tenement. Whether small or great, the town was a phenomenon sufficiently unfamiliar to vex the soul of lawyers reared upon Teutonic custom.
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