Legal Definitions - abishering

Abishering is a historical legal term referring to a feudal lord's right to receive the fines and forfeitures imposed on their tenants for certain offenses. In the medieval feudal system, this meant that if a tenant committed a transgression that resulted in a penalty, such as a fine or the forfeiture of property, that penalty would go to their lord rather than to the Crown or another governing authority.

This right was a significant aspect of a lord's power and income within their manor or estate, allowing them to benefit directly from the administration of justice over their tenants for specific types of infractions.

• Example 1: Minor Trespass on Manorial Land

  Imagine a tenant farmer, John, living on the estate of Lord Blackwood. John is caught allowing his pigs to stray into a designated common pasture area before the agreed-upon date, a minor breach of the manorial customs. The local manorial court, presided over by Lord Blackwood's steward, imposes a small fine on John for this transgression. Because Lord Blackwood possesses the right of abishering, the fine paid by John would go directly into Lord Blackwood's coffers, rather than being sent to a royal court or the King's treasury.

• Example 2: Failure to Perform Feudal Duties

  Consider a knight, Sir Alaric, who holds land from Baroness Eleanor in exchange for military service and other feudal obligations. Sir Alaric fails to provide the required number of armed men for the Baroness's retinue during a specific period, a clear breach of his feudal contract. The Baroness's court levies a penalty against Sir Alaric for this failure. Through her right of abishering, Baroness Eleanor would be entitled to collect this penalty, which might be a monetary fine or a temporary forfeiture of some income from Sir Alaric's lands.

• Example 3: Local Offense Leading to Forfeiture

  On the lands of the Duke of Sterling, a tenant named Martha is found to have illegally cut timber from the Duke's protected forest, a resource reserved for the Duke's use. The manorial court, exercising its jurisdiction, rules that Martha must forfeit a portion of her next harvest as punishment for the theft. Due to the Duke's right of abishering, the forfeited portion of Martha's harvest would be delivered to the Duke's granaries, directly benefiting him as the lord, instead of being claimed by a representative of the Crown.