ROYAL BOROUGH, in Scotland, are corporations made for the advantage of trade, by charters granted by several of their kings; having the privilege of sending commissioners to represent them in parliament, besides other peculiar privileges. The Royal Boroughs are not only so many distinct corporations, but do also constitute one entire body, governed by, and accountable to, one general court, anciently called the court of
four boroughs, held yearly to treat and determine concerning matters relating to the common advantage of all boroughs. The four boroughs which composed this court were, Edinburgh, Stirling, Roxburgh, and Berwick; which two last falling into the hands of the English, Linlithgow and Lanark were put in their places; with a saving to the former, whenever they should return to their allegiance. But this court not being sufficient to answer the necessities of the royal boroughs, they were all empowered, under James III. in 1487, to send commissioners to a yearly convention of their own, which was then appointed to be held at Inverkeithing, but is now held at Edinburgh, under the denomination of the convention of boroughs, vested with great power, and having for their object the benefit of trade, and the general interest of the boroughs.
Borough-Courts, are certain courts held in boroughs, by prescription, charter, or act of parliament: such are the sheriff's court, and court of hussings, in London.
Borough-English, a customary descent of lands or tenements, in some ancient boroughs and copy-hold manors, by which the youngest son, and not the eldest, succeeds to the burgage tenement on the death of his father. For which Littleton gives this reason; because the younger son, by reason of his tender age, is not so capable as the rest of his brethren to help himself. Other authors have indeed given a much stranger reason for this custom; as if the lord of the fee had anciently a right to break the seventh commandment with his tenant's wife on her wedding night; and that therefore the tenement descended, not to the eldest, but to the youngest son, who was more certainly the offspring of the tenant. But it cannot be proved that this custom ever prevailed in England, though it certainly did in Scotland, (under the name of mercheta, or marcheta), till abolished by Malcolm III. But perhaps a more rational account than either may be brought from the practice of the Tartars; among whom, according to Father Duhalde, this custom of descent to the youngest son also prevails. That nation is composed totally of shepherds and herdsmen; and 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. The youngest son, therefore, who continues latest with his father, is naturally the heir of his house, the rest being already provided for. And thus we find, that among many other northern nations it was the custom for all the sons but one to migrate from the father, which one became his heir. So that possibly this custom, wherever it prevails, may be the remnant of that pastoral state of the ancient Britons and Germans which Cesar and Tacitus describe.
Borough-head, or Head-borough, called also borough-bolder, or burgholder, the chief man of the decenna, or hundred, chosen to speak and act in behalf of the rest.
Head-borough also signifies a kind of head constable, where there are several chosen as his assistants, to serve warrants, &c. See CONSTABLE.