Legal Definitions - more burgi

More burgi is a historical legal phrase originating from Law Latin, meaning "according to the custom of the borough." It refers to the specific local rules, traditions, and practices that governed how property was held, inherited, or transferred within a particular town or borough during medieval times. These customs often differed significantly from the general feudal landholding rules that applied in rural areas.

In essence, when a property matter was handled "more burgi," it meant that the unique, established practices of that specific town or urban area took precedence over broader common law or feudal traditions.

• Example 1: Inheritance Rules

  Imagine a bustling medieval town like London. While the surrounding countryside might have followed the rule of primogeniture (where the eldest son inherits all property), many boroughs had their own distinct customs. For instance, a town might have a custom (more burgi) where property was divided equally among all sons, or even passed to the youngest son (known as "borough English").

  Illustration: A successful merchant in the medieval borough of Chester dies without a will. According to the general laws of the kingdom, his eldest son would typically inherit his entire estate. However, Chester's established custom (more burgi) dictates that all his sons inherit equal shares of his urban properties. This demonstrates how the specific "custom of the borough" superseded the broader legal tradition for property within that town.

• Example 2: Property Transfer Procedures

  The process for buying or selling land in rural feudal society could be complex, involving formal ceremonies and oaths of fealty. However, towns, being centers of commerce, often developed simpler, more efficient methods for property transactions to facilitate trade and urban development.

  Illustration: A baker in the medieval town of Bristol wishes to sell his shop and house. Instead of requiring a lengthy feudal ceremony involving a lord, Bristol's local custom (more burgi) allows him to transfer ownership by making a public declaration before the town's mayor and having the transaction officially recorded in the borough's register. This custom made property transfer quicker and more suited to the commercial needs of the urban environment.

• Example 3: Unique Property Obligations

  Properties within a borough might carry specific rights or responsibilities that were unique to that town, often related to its defense, infrastructure, or market functions, and these were enforced more burgi.

  Illustration: A weaver owns a house situated along the main market street within the medieval borough of Norwich. According to the custom of Norwich (more burgi), all property owners along this street are obligated to contribute a small annual sum towards the maintenance of the town's market stalls and paving, a duty not imposed on landowners outside the borough's jurisdiction. This illustrates a specific responsibility tied to property *within* the borough by its unique local custom.