A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
About this Item
Title
A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
Author
Leigh, Edward, 1602-1671.
Publication
London :: Printed by A.M. for Charles Adams, and are to be sold at his shop ...,
1658.
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Subject terms
Law -- Terminology.
Link to this Item
http://name.umdl.umich.edu/A50063.0001.001
Cite this Item
"A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A50063.0001.001. University of Michigan Library Digital Collections. Accessed June 1, 2024.
Pages
BURGH ENGLISH.
Burgh English, or Borough English, is a custom* 1.1 in some antient Borough, that if a man have issue divers Sonnes, the youngest Sonne shall inherit, and have all the Lands and Tenements that were his Fathers within the Borough: The reason of this (as Littleton saith) is because the youngest is presumed in Law to be least able to shift for himself.
If the Lands of the nature of Borough English be let to a man and his Heirs during the life of I. S. and the Lessee dieth, the youngest Sonne shall en∣joy it.
A man seized in see of Lands in Burgh En∣glish, after the Stature of 27. •• 8. makes a feof∣ment to divers persons in fee, to the use of himself and the He••rs males of his body begotten, Secun∣dum
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cursum communis legis, and after dieth seized* 1.2 according, ha••ing issue two Sons, the eldest enters and holds out the younger; yet the youngest shall have it by descent, notwithstanding the words be∣fore.
Of Land in Borough English, or Gavel▪kind,* 1.3 the Son cannot endow his wife ex assensu Patris, because by possibility, he shall not continue Heir: the Father shall not have the Ward of his Son and H••ir apparant of such Lands holden by Knights service, because by possibility he shall not continue Heir.
Notes
* 1.1
Lit. Te••. l. 2. c. 1••. So called, beecause this custom was first (as some hold) in England. Cook on Lit. p. 11••. B. Cook on Lit. l. 2. c. 10, sect. 165.