Free Bench
Encyclopedia
"Free bench" is a legal term referring to an ancient manor
ial custom in parts of England whereby a widow, until she remarried, could retain tenure of her late husband's land.
The widow of a tenant
was usually allowed her free bench, so long as she preserved her chastity
. But if any evidence appeared against her, or she declared an intention of remarrying, she had to forfeit her lands.
The rights to free bench varied from manor to manor and were subject to local custom. Some did not have the custom at all.
In a few cases, some very unusual ways of circumventing the problem have been recorded. For instance, the widow submitted to the penalty of riding into court upon a black ram holding its tail in her hand and repeating the following lines of nonsense (as recorded in No. 614 of The Spectator
):
' , which in one of the manors of Bury
Monastery was fixed at 2s. 8d.: it was due from the guardian, who might be the father or the brother, of the unfortunate damsel. In some cases the young woman went through a grotesque act of penance
. At Farringdon
, a tenant's daughter, on being convicted of incontinence
, forfeited forty pence (no small sum) in the reign of Henry III
, to the lord of the manor; which was only remitted on condition of the offender's appearing in the lord's court, carrying a black sheep on her back, and making confession of her shame.
Manorialism
Manorialism, an essential element of feudal society, was the organizing principle of rural economy that originated in the villa system of the Late Roman Empire, was widely practiced in medieval western and parts of central Europe, and was slowly replaced by the advent of a money-based market...
ial custom in parts of England whereby a widow, until she remarried, could retain tenure of her late husband's land.
- "Free Bench (Lat. francus bancus). The widow's right to a copyhold. It is not a dower or gift, but a free right independent of the will of the husband. Called bench because, upon acceding to the estateEstate (law)An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
, she becomes a tenant of the manor, and one of the benchers, i.e. persons who sit on the bench occupied by the pares curiæ (PeerPeerageThe Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
s of CourtCourtA court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
)".
The widow of a tenant
Tenant farmer
A tenant farmer is one who resides on and farms land owned by a landlord. Tenant farming is an agricultural production system in which landowners contribute their land and often a measure of operating capital and management; while tenant farmers contribute their labor along with at times varying...
was usually allowed her free bench, so long as she preserved her chastity
Chastity
Chastity refers to the sexual behavior of a man or woman acceptable to the moral standards and guidelines of a culture, civilization, or religion....
. But if any evidence appeared against her, or she declared an intention of remarrying, she had to forfeit her lands.
The rights to free bench varied from manor to manor and were subject to local custom. Some did not have the custom at all.
In a few cases, some very unusual ways of circumventing the problem have been recorded. For instance, the widow submitted to the penalty of riding into court upon a black ram holding its tail in her hand and repeating the following lines of nonsense (as recorded in No. 614 of The Spectator
The Spectator (1711)
The Spectator was a daily publication of 1711–12, founded by Joseph Addison and Richard Steele in England after they met at Charterhouse School. Eustace Budgell, a cousin of Addison's, also contributed to the publication. Each 'paper', or 'number', was approximately 2,500 words long, and the...
):
- "Here I am,
- Riding upon a black ram,
- Like a whore as I am;
- And for my crincum crancum
- Have lost my bincum bancum,
- And for my tail's game
- Have done this worldly shame;
- Therefore I pray you, Mr Steward,
- Let me have my land again."
Legrewite
A similar practice to freebench sometimes applied to the children, who had to follow the conditions of their father. The lord had to look narrowly after the morals and marriages of the daughters of his farmers. A case of female incontinence was punished by a fine called 'Legrewite' or 'Leyr-wite' , and the birth of an illegitimate child was followed by another called 'childwiteChildwite
In medieval England, a childwite, or child-wit, was a fine paid by a man to a lord for unlawfully impregnating his bond-woman . The term was also selectively used of free women....
' , which in one of the manors of Bury
Bury
Bury is a town in Greater Manchester, England. It lies on the River Irwell, east of Bolton, west-southwest of Rochdale, and north-northwest of the city of Manchester...
Monastery was fixed at 2s. 8d.: it was due from the guardian, who might be the father or the brother, of the unfortunate damsel. In some cases the young woman went through a grotesque act of penance
Penance
Penance is repentance of sins as well as the proper name of the Roman Catholic, Orthodox Christian, and Anglican Sacrament of Penance and Reconciliation/Confession. It also plays a part in non-sacramental confession among Lutherans and other Protestants...
. At Farringdon
Farringdon
Farringdon is a historic area of the City of London, represented today by the Wards of Farringdon Within and Farringdon Without. Farringdon is also used informally to refer to the area around Farringdon Station in the London Borough of Islington, some distance north of the historic locality.-City...
, a tenant's daughter, on being convicted of incontinence
Incontinence (philosophy)
Incontinence is often used by philosophers to translate the Greek term Akrasia . Often used to refer to a lacking in moderation or self-control, especially related to sexual desire...
, forfeited forty pence (no small sum) in the reign of Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
, to the lord of the manor; which was only remitted on condition of the offender's appearing in the lord's court, carrying a black sheep on her back, and making confession of her shame.
Manors where this custom is recorded
- ChaddleworthChaddleworthChaddleworth is a village and civil parish in the English county of Berkshire.-Geography:The village of Chaddleworth lies below the southern slopes of the Berkshire Downs, just east of the A338 road, which runs between Hungerford and Wantage to form the western parish boundary...
, BerkshireBerkshireBerkshire is a historic county in the South of England. It is also often referred to as the Royal County of Berkshire because of the presence of the royal residence of Windsor Castle in the county; this usage, which dates to the 19th century at least, was recognised by the Queen in 1957, and...
. - EnborneEnborneEnborne is a village and civil parish in Berkshire, England.It is situated just to the west of Newbury in West Berkshire. The River Enborne shares its name, although it does not run through the village; rather, it runs through the nearby village of Enborne Row.-Traditional legal practices:Enborne...
, Berkshire - TalskiddyTalskiddyTalskiddy is a small village about two miles north of St Columb Major in Cornwall, England, United Kingdom. Originally a manorial settlement belonging to the Earldom of Cornwall, the village prospered in the 19th Century as a centre of the wool-combing industry...
, CornwallCornwallCornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...
. - CardinhamCardinhamCardinham is a civil parish and a village in central Cornwall, United Kingdom. The village is situated approximately three-and-a-half miles , east-northeast of Bodmin....
, Cornwall. - TorreTorreTorre means tower in six Romance languages and may refer to:- Biology :* Muir-Torre syndrome, the inherited cancer syndrome...
, DevonDevonDevon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
. - KilmersdonKilmersdonKilmersdon is a small village located in the north of Somerset between the towns of Radstock and Frome. The settlement is recorded in William I's Domesday book and dates back at least 1,000 years; though the core of the village dates from the mid nineteenth century.-History:The name Kilmersdon...
, SomersetSomersetThe ceremonial and non-metropolitan county of Somerset in South West England borders Bristol and Gloucestershire to the north, Wiltshire to the east, Dorset to the south-east, and Devon to the south-west. It is partly bounded to the north and west by the Bristol Channel and the estuary of the...