BOROUGH-COURTS, are certain courts of pri vate and special jurisdiction, held in different cities, boroughs, and crrporations, throughout the kingdom, by prescription, charter, or act of parliament. Of this species are the Sherig's Court, and Court (2f Hustings in London. (z) BOROUGH-ENoLism, so called in contradistinc tion, as it were, to the Norman customs, is a custo mary descent of some tenements held in ancient bur gage, and copyhold manners, in consequence of which the youngest son, and not the eldest, succeeds on the , death of his father ; and if the proprietor leaves no' issue, the estate descends to his younger brother. Various reasons have been assigned for this singular custom. Littelton (§ 211.) alleges it is because the youngest son, by reason of his tender age, is presu med to be mare helpless than the rest of his bre thren. Other authors have a much stranger reason for this custom. It originated, they say, from the lords of certain lands having anciently the privi lege of breaking the seventh commandment with their • tenants' wives, on their wedding night ; and there fore the tenement descended not to the eldest, but to the youngest son, who was more certainly the off spring of the tenant. The custom alluded to, how ever, never prevailed in England, although it appears to have obtained in Scotland, under the name of mer cheta, or marchcta, until it was abolished by Malcolm III.
Blackstone, on the other hand, endeavours to trace the origin of this species of descent in a more rational way, by deducing it from the practice of the Tar.; tars, and other pastoral tribes ; among whom, accord ing to Father Du Halde, this custom of descent to the youngest ion also prevails. The reason assigned for it is this, that among nations composed totally of shepherds and herdsmen, 'the elder sons, as soon as. they are capable of leading a pastoral life, migrate from their father with a certain allotment of cattle, and go to seek a new habitation ; while the young est son, who remains last at home with the father, is naturally the heir of his house, the rest being already provided for. This custom of the elder son's separa ting from the father, is also to be found among other northern nations ; and the species of descent, called Borough-English, where it prevails, may be presu. med to be a remnant of that pastoral state of society, which CBsar and Tacitus describe as obtaining among our British and German ancestors. See Blackstone's. Comment. b. ii. ch. 6. Jacob's Law Dict. (z)