Legal Definitions - burgh English

Burgh English refers to a historical custom of inheritance in England, which is synonymous with Borough English. It represents a specific and unusual exception to the more common rule of primogeniture, where the eldest son typically inherits all of a deceased parent's land and property.

Under the custom of burgh English, it was the youngest son who inherited the land or property of his deceased father. In some variations, it could extend to the youngest daughter or even the youngest sibling if there were no sons. This custom was prevalent in certain ancient boroughs and manors across England and is thought to have originated from various historical reasons, such as the idea that older children would have already left home to establish their own lives, leaving the youngest to care for the parents and the ancestral property. While largely obsolete in modern law, its historical impact occasionally arises in property law discussions.

• Example 1: Inheritance of a Family Farm
  Imagine a farming family in the 14th century living in a village where the custom of burgh English was firmly established. When the patriarch, Robert, passed away without a will, he left behind three sons: Arthur, the eldest; Edward, the middle son; and Thomas, the youngest.

  How it illustrates the term: Instead of Arthur, the eldest son, inheriting the family farm and all associated lands, the custom of burgh English dictated that Thomas, the youngest son, became the sole heir. This directly demonstrates how the custom bypassed the usual rule of primogeniture to favor the youngest male descendant.

• Example 2: Property in a Medieval Town
  Consider a merchant, Lady Margaret, who owned a valuable shop and dwelling within a specific borough known to follow burgh English in the 16th century. Upon her death, she had two daughters, Eleanor and Catherine, and a younger son, Henry.

  How it illustrates the term: Despite Eleanor being the eldest child and Catherine also being older than Henry, the custom of burgh English meant that Henry, as the youngest son, inherited Lady Margaret's shop and home. This shows that the custom often prioritized the youngest male heir, even when older female siblings were present.

• Example 3: Rights to a Common Pasture
  In a particular manor in the 15th century, the right to graze livestock on a valuable common pasture was passed down through inheritance. When a tenant farmer, William, died, he had an eldest son who had moved to a distant city, a middle daughter who was married, and a youngest son who still lived and worked on the family's small plot of land within the manor.

  How it illustrates the term: Under the rules of burgh English, the youngest son, who was still residing in the family home and directly involved in the farming activities, inherited the valuable grazing rights on the common pasture. This exemplifies how the custom ensured that the property or rights, often crucial for the family's livelihood, passed to the youngest child who was typically still dependent on or directly involved with the family's local affairs.