Legal Definitions - burgh Engloys

Burgh Engloys is an Old French term referring to a historical custom of inheritance known as Borough English. This custom, prevalent in certain ancient boroughs and manors in England, dictated that upon the death of a landowner, the youngest son, rather than the eldest, would inherit the land and any associated buildings (tenements). This practice stands in contrast to the more common rule of primogeniture, where the eldest son inherits. The rationale behind Borough English is debated, but one theory suggests it was to ensure that the youngest son, who was often still living at home and caring for elderly parents, would have a place to live and a means of support.

• Example 1: Historical Land Inheritance

  In the 14th century, Lord Ashworth, a landowner in a manor governed by the custom of burgh Engloys, passed away. He had three sons: Robert, William, and Edward.

  Under the custom of burgh Engloys, Edward, being the youngest son, would inherit Lord Ashworth's entire estate, including the family castle and surrounding agricultural lands. This demonstrates the direct application of the rule where the youngest male heir takes precedence over his elder brothers in inheriting real property.

• Example 2: Modern Hypothetical - Specific Property Clause

  Imagine a very old, specific property in a historic English town, whose title deeds still contain a clause referencing an ancient local custom. The current owner, Mr. Henderson, has three sons and wishes to pass on this particular property.

  If this specific property were still subject to a surviving, legally recognized custom of burgh Engloys, then upon Mr. Henderson's death, his youngest son, rather than the eldest, would legally inherit that particular piece of real estate. This illustrates how such a historical custom, though rare today, could hypothetically still influence the inheritance of specific assets if explicitly preserved in legal documents or local law.

• Example 3: Inheritance of Urban Tenements

  A medieval merchant, Lady Eleanor, owned several shops and houses (tenements) within a borough known for its burgh Engloys custom. She had two sons, Arthur and Peter.

  When Lady Eleanor died, her youngest son, Peter, would inherit all the shops and houses she owned within that borough. This highlights that the custom applied not just to agricultural land but also to urban properties and buildings, ensuring the youngest heir received the means of livelihood associated with those specific assets.