BOROUGH ENGLISH, a custom which prevailed in certain ancient English boroughs, and in districts attached to them (where the lands are held in socage), and also in certain copyhold manors (chiefly in Surrey, Middlesex, Suffolk and Sussex), by which in general lands descend to the youngest son. It was found most frequently among the unfree class. Generally Borough English, apart from specialties, may be said to differ from gavelkind in not including collaterals.
The origin of the custom has been much disputed. It is first mentioned by Glanvil, without, however, any explanation. Little ton's explanation is that custom casts the inheritance upon the youngest, because after the death of his parents he is least able to support himself, and more likely to be left destitute of any other support. Blackstone derived Borough English from the usages of pastoral life, the elder sons migrating and the youngest remaining to look after the household. It appears to have been customary in the early Irish tribal system. Elton claims it to be a survival of pre-Aryan times. It was referred to by the Normans as "the custom of the English towns." In the Yearbook, 22 Edw. IV., fol. 32b, it is described as the custom of Nottingham, which is made clear by the report of a trial in the first year of Edward III., where it was found that in Nottingham there were two dis tricts, the one the Burgh-Frauncoyes, the other the Burgh Engloyes, where descent was to the youngest son, from which cir cumstance the custom has derived its name. The custom has been abolished by S. 45 of the Administration of Estates Act, 1925. (See also GAVELKIND ; INHERITANCE ; PRIMOGENITURE; TENURE.) See Blackstone's Commentaries; Coke's Institutes; Comyn's Digest; Elton's Origin of Eng. Hist.; Pollock and Maitland, Hist. Eng. Law; Vinogradoff, Villeinage.