A special custom is required to entitle the wife of a copyholder to any
interest in her husband's lands on his death intestate. Where such a
custom does exist the wife's interest is termed her _freebench_, and it
consists generally of a life interest in one-third part of the lands of
which the husband died possessed. Freebench in most manors differs from
the ancient right of dower in this most important particular, that whilst
the widow could claim her dower out of all the freehold lands which her
husband actually possessed at any time during the marriage, the right to
freebench does not in general attach until the actual death of the
husband, and of course may be defeated by a devise of lands by the
husband's will. From this it will be seen that freebench is no impediment
to free alienation by the husband of his copyholds without any consent on
the part of his wife. To this general rule, however, the manor of
Cheltenham forms an important exception; for by the custom of this manor
the widow's freebench attaches in the same way as the ancient right of
dower did on all the land of copyhold tenure, of which the husband at any
time during the marriage had been possessed.
Centuries have robbed the manor of much of its importance; most of the
honour and prestige has decayed which once surrounded the lord, his power
has become controlled by long continued custom, so that the copyhold
tenants are practically independent of him, and have as good a title to
their lands as freeholders. Little remains beyond the most prominent of
the old formalities, which at one time gave dignity and importance to the
lord of the manor and his court. Most of the dealings with copyhold land
are now effected out of court, and although the courts are still held at
the customary periods, they are for the most part an empty formality,
their glamour gone, yet still possessing an especial interest of their own
as evidence of the surviving of ancient customs, which have practically
remained unchanged through the roll of centuries.
Ancient Tenures.
BY ENGLAND HOWLETT.
Practically all the landed property in England is, by the policy of our
laws, supposed to be granted by, dependent upon, and holden of some
superior lord, in consideration of certain services to be rendered to such
lord by the possessor of this property, and the terms or manner of their
possession is therefore called a _tenure_. Thus all the land in the
kingdom is supposed to be held, mediately or immediately, of the sovereign
who is consequently styled the lord or lady _paramount_.
Public-domain text, read in full here on John Shaqi.
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