(libera eleemosyna), or "free alms;" a tenure of a spiritual nature, whereby a religious corporation, aggregate or sole, holdeth lands of the donor to them and their successors for ever. The service which they were bound to render for these lands was not certainly defined: but only in general to pray for the souls of the donor and his heirs, dead or alive; and therefore they did no fealty (which is incident to all other services but this), because this divine service was of a higher and more exalted nature. This is the tenure by which almost all the ancient monasteries and religious houses held their lands; and by which the parochial clergy, and very many ecclesiastical and eleemosynary foundations, hold them at this day; the nature of the service being upon the Reformation altered, and made conformable to the purer doctrines of the church of England. It was an old Saxon tenure; and continued under the Norman revolution, through the great respect that was shown to religion and religious men in ancient times. This is also the reason that tenants in frank almoigne were discharged of all other services except the trinoda necessitas, of repairing the highways, building castles, and repelling invasions; just as the Druids, among the ancient Britons had omnium rerum immunitatem. And even at present, this is a tenure of a very different nature from all others; being not in the least feudal, but merely spiritual. For, if the service be neglected, the law gives no remedy by distress, or otherwise, to the lord of whom the lands are holden; but merely a complaint to the ordinary or visiter to correct it.
FRANK-CHASE is defined to be a liberty of free chase, whereby persons that have lands within the compass of the same, are prohibited to cut down any wood, &c. out of the view of the forester.
FRANK-FEE, signifies the same thing as holding lands and tenements in fee-simple; that is to any person and his heirs, and not by such service as is required by ancient demesne, but is pleaded at common law. See Fee.
FRANK-LAW, a word applied to the free and common law of the land, or the benefit a person has by it.
He that for any offence loseth this frank-law incurs these inconveniences, viz. He may not be permitted to serve on juries, nor used as an evidence to the truth; and if he has any thing to do in the king's court, he must not approach it in person, but appoint his attorney; his lands, goods, and chattels, shall be seized into the king's hands; and his lands be extreathed, his trees rooted up, and his body committed to custody.
FRANK-MARRIAGE, in Law, is where tenements are given by one man to another, together with a wife, who is the daughter or cousin to the donor, to hold in frank-marriage. By such gift, though nothing but the word frank-marriage is expressed, the donees shall have the tenements to them, and the heirs of their two bodies begotten; that is, they are tenants in special tail. For this one word, frank-marriage, denotes, ex vi termini, not only an inheritance, like the word frank-almoigne, but likewise limits that inheritance; supplying, not only words of descent, but of procreation also. Such donees in frank-marriage are liable to no service but fealty: for a rent reserved therein is void until the fourth degree of consanguinity be past between the issues of the donor and donee.
FRANK-PLEDGE, in Law, signifies a pledge or surety for the behaviour of freemen.
According to the ancient custom of England, for the preservation of the public peace, every freeborn man, at the age of fourteen, except religious persons, clerks, knights, and their eldest sons, was obliged to give security for his truth and behaviour towards the king and his subjects, or else be imprisoned. Accordingly, a certain number of neighbours became interchangeably bound bound for each other, to see each person of their pledge forthcoming at all times, or to answer for the offence of any one gone away; so that whenever any person offended, it was presently inquired in what pledge he was, and there the persons bound either produced the offender in 31 days, or made satisfaction for his offence.
FRANK Tenement. See TENURE.