Legal Definitions - frank bank

The term frank bank is an older, less common name for free bench. Both terms refer to a historical common law right, primarily associated with copyhold land tenure in England.

Free bench was a customary right that allowed a widow to continue occupying a portion, or sometimes all, of her deceased husband's copyhold land. This right was often conditional upon her remaining chaste or unmarried. If she remarried or was found to be unchaste, she could forfeit her right to the land, which would then revert to the lord of the manor or the next male heir. It provided a form of support and housing for widows in an era before modern social safety nets.

Here are some examples illustrating the concept of free bench (or frank bank):

• Example 1 (Traditional Inheritance): In the 17th century, after John, a tenant farmer, passed away, his widow, Mary, was granted the right of free bench over their small farm. This meant that according to the custom of their manor, Mary could continue to live on the land and cultivate it, providing for herself and her children. However, the custom also stipulated that if she were to remarry, her right to the farm would cease, and the land would revert to the lord of the manor.

  Explanation: This example demonstrates how free bench provided a widow with a means of support and residence after her husband's death, but also highlights the common condition of remaining unmarried to retain the right.

• Example 2 (Forfeiture of Right): In the early 19th century, Eleanor's husband, a copyhold tenant, died, leaving her with a small cottage and garden under the right of frank bank. A few years later, Eleanor entered into a relationship with a local craftsman. When this became known, the lord of the manor initiated proceedings to reclaim the property, arguing that Eleanor had violated the customary condition of chastity attached to her frank bank right, thereby forfeiting her claim to the land.

  Explanation: This scenario illustrates the "chastity" condition often associated with frank bank. A breach of this condition, as defined by the specific customs of the manor, could lead to the forfeiture of the widow's right to occupy the land.

• Example 3 (Legal Dispute over Custom): Imagine a historical legal case from the late 1800s where a wealthy landowner wished to consolidate his estate. A small parcel of land was occupied by Mrs. Henderson, whose husband had held it under copyhold tenure. Mrs. Henderson claimed her right of free bench to remain on the property. The landowner, seeking to remove her, alleged that Mrs. Henderson had violated a specific, obscure custom of the manor that required widows to perform a particular annual service to the lord to maintain their free bench, which she had failed to do. The court would then have to examine the historical records and local customs to determine if such a condition was valid and if Mrs. Henderson had indeed forfeited her right.

  Explanation: This example shows that the specific conditions and duration of free bench rights were highly dependent on the "custom of the manor" and could be a point of legal contention, even in later historical periods before these rights were largely abolished by modern property law reforms.